Patna High CourtCWJC/4191/2016disposed

Ram Balak Yadav v. The State Of Bihar And ORS

2017-05-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4191 of 2016 ====================================================== Ram Balak Yadav, Son of Sri Narayan Yadav, Resident of Mohalla - Garhpar Nardiganj Road, Ward No. 8, P.S. & District - Nawada (President of Surya Mandir Samiti).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate - cum - Collector, Nawada.

3. The Sub - Divisional Officer, Nawada.

4. The Circle Officer, Nawada.

5. Dharmendra Choudhary, Son of Raj Kishore Mahtha, Resident of Mohalla - Garhpar Nardiganj Road, Ward No. 8, P.S. & District - Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2017 Heard learned counsel appearing on behalf of the petitioner and learned AC to GP-3 appearing on behalf of respondent State.

The petitioner is aggrieved by the encroachment made over the land appertaining to Khata No.282, Khesra No.737/1521, situated in the District of Nawada on which a temple has been constructed. The nature of land is Gair Mazarua Aam Land.

Learned counsel for the petitioner confines his prayer only to the extent of conclusion of Encroachment Case No. 02/2014-15, pending before the Circle Officer, Nawada,

Patna High Court CWJC No.4191 of 2016 (2) dt.15-05-2017 2/2 respondent no.4.

Learned counsel appearing on behalf of respondent State submits that he does not have any instruction, whether the Encroachment Case No. 02/2014-15 has been concluded or not. In the circumstances, the Circle Officer, Nawada, respondent no.4 is directed to conclude the proceeding of Encroachment Case No. 02/2014-15 and take to its logical conclusion, after giving due opportunity of being heard to all the affected persons, in accordance with law, within a period of three months, if it has already not been concluded. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U