Laxman Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10711 of 2024 ====================================================== Laxman Chaudhari Son of Adhika Lal Choudhary, Resident of VillageGobraura, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Darbhanga Division, Laheriasarai, DistrictDarbhanga. 4.

The Collector cum District Magistrate, District- Madhubani. 5.

The Deputy Collector, Land Reforms, Madhubani Sadar, DistrictMadhubani. 6.

The Lok Shikayat Adhikari, Social Welfare Department, Govt. of Bihar. 7.

The Sub-Divisional Officer, Madhubani Sadar, District- Madhubani. 8.

The Block Development Officer, Khajauli Anchal, P.S.- Khajauli, DistrictMadhubani. 9.

The Circle Officer, Khajauli Anchal, P.S.- Khajauli, District- Madhubani. 10.

The Anchal Amin, Khajauli Anchal, P.S.- Khajauli, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Respondent/s :

Mrs. Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. That the petitioner craves indulgence of this Hon'ble Court by way of filing this writ application for issuance of an appropriate writ/writs, order/orders, direction/ directions in the nature of Mandamus directing the Respondents concerned especially the Circle Officer Khajauli Anchal, P.S.- Khajauli, District-

Patna High Court CWJC No.10711 of 2024(2) dt.01-08-2024 2/3 Madhubani to remove the encroachment of Govt. land situated at Village-Gobraura, Mauja-Chatra Gobraura, P.S.- Khajauli, Thana no.115, DistrictMadhubani, Khata No.963, Khesra No.4941 which Govt. Parti land is encroached by some Mohalla people of his village by earth filling on the land in question and obstructed the road for which petitioner's as well as some other villagers path/road is being blocked by them.

Further a direction may kindly be given to the Circle Officer Khajauli to remove the encroachment of the land in question so that the road may clear for the public in general as well as the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Respondent No. 9 i.e. the Circle Officer, Khajauli, District-Madhubani, to dispose off the pending Encroachment Case No. 2 of 2024.

3.

Per contra, the learned counsel for the Respondent-State submits that in case, the aforesaid encroachment proceedings have not been concluded, the same would definitely be concluded, by passing the final order, within a fixed time frame. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the respondent No. 9 to conclude the proceedings of the aforesaid Encroachment Case

Patna High Court CWJC No.10711 of 2024(2) dt.01-08-2024 3/3 No. 2 of 2024, if the same has not already been concluded, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt / production of a copy of this order. 5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U