Ram Swarth Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14785 of 2019 ====================================================== Ram Swarth Singh son of Raj Kumar Singh resident of Village- Kapatiyari, P.O.- Dibhiyan, P.S.- Kargahar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Collector, District- Rohtas at Sasaram. 2.

The District Magistrate, District- Rohtas (Sasaram). 3.

The Addl. Collector, Rohtas (Sasaram).

4.

The Sub- Divisional Officer, Sub- Division Sasaram, District- Rohtas at Sasaram.

5.

The Circle Officer, Kargahar, District- Rohtas. 6.

Bachcha Singh son of late Sheopujan Singh Resident of Village- Kapatiyan, P.O.- Dibhiyan, P.S.- Kargahar, District- Rohtas at Sasaram. 7.

Arjun Singh Son of late Gandhi Singh Resident of Village- Kapatiyan, P.O.- Dibhiyan, P.S.- Kargahar, District- Rohtas at Sasaram. 8.

Birendra Singh Son of Raj Kumar Singh Resident of Village- Kapatiyan, P.O.- Dibhiyan, P.S.- Kargahar, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Respondent/s :

Mr.Raj Kishore Roy ( GP-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2019 The present writ petition has been filed for directing the respondents to remove the encroachment over the land in question i.e. over Aam Rasta (Chhawar) running over the "Anawad Sarvasadharan" situated in Mauza Smari, Thana No. 246, bearing Khata No. 282, Plot No. 01, area 0.59 acres, on account of which the petitioner and the general people of locality are facing difficulty in coming and going to village. The learned counsel for the petitioner submits that the

Patna High Court CWJC No.14785 of 2019(2) dt.23-07-2019 2/2 Circle Officer, Kargahar, District-Rohtas had issued a notice dated 04.05.2018 to the encroachers, however, no further action has been taken to remove the aforesaid encroachment. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Kargahar, District-Rohtas to pass a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956 by initiating encroachment proceedings, if not already initiated against the encroachers, as also after considering the objections to be filed by the encroachers. It is further directed that the proceedings initiated, by issuing notice dated 04.05.2018, by the Circle Officer, Kargahar be also taken to its logical conclusion. It is needless to state that the entire proceedings be concluded within a period of 12 weeks of receipt/production of a copy of this order.

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