Dashrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11386 of 2024 ====================================================== Dashrath Yadav S/o Late Ghuran Yadav, R/o Village- Pandaypur, P.S.- Mufassil, District- Aurangabad, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Irrigation Department, Government of Bihar, Patna.

2.

The District Magistrate, Aurangabad, Bihar.

3.

The Superintendent of Police, Aurangabad, Bihar. 4.

S.D.O. Aurangabad, Bihar.

5.

The Circle Officer, Aurangabad, District- Aurangabad, Bihar. 6.

S.H.O. Aurangabad Town, P.S.- Aurangabad Town, District- Aurangabad, Bihar.

7.

Mahendra Mishra, S/o Late Girija Kant Mishra, R/o village- Pandeypur, P.S.- Aurangabad, District- Aurangabad, Bihar. 8.

Shailesh Mishra, S/o Late Girija Kant Mishra, R/o village- Pandeypur, P.S.- Aurangabad, District- Aurangabad, Bihar.

9.

Anil Mishra, S/o Late Girija Kant Mishra, R/o village- Pandeypur, P.S.- Aurangabad, District- Aurangabad, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the Respondent/s :

Mr.Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024 The present writ petition has been filed seeking the following relief:- "1. That, the present writ petition is being filed for issuance of appropriate order / orders, direction / directions to the concerned respondents-authority to remove the encroachment from the land bearing Thana No. 579,

Patna High Court CWJC No.11386 of 2024(2) dt.06-08-2024 2/3 Khata No.-15, Plot No. 150 area 90 Feet x 450 feet which is Gairmazarua Amm land which is recorded in the Survey Khatiyan as Gairmazarua Aam Land, but some people (private respondents 7, 8 &

9) who are associated with a local leader and influential persons, have encroached the land which is used for way to the people of the village since long years, but despite several representations and request, the respondents authority is sitting tight over the matter and the Aam Rastha (Way) has not been cleared from the encroachers."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Aurangabad, District-Aurangabad, to dispose of the pending Encroachment Case No. 5 of 2023.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed of within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper

Patna High Court CWJC No.11386 of 2024(2) dt.06-08-2024 3/3 to direct the Circle Officer, Aurangabad, DistrictAurangabad to dispose of the aforesaid Encroachment Case No. 5 of 2023, in case the same is still pending, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the afected parties, within a period of six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U