Binda Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20885 of 2014 =========================================================== Binda Mahto, Son of Raj Bibhishan Mahto, resident of village- Ojha Mathiya, P.S.- Manjhauliya, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Anchaladhikari, Manjhauliya

3. Dy Collector Land Reforms, Bettiah

4. Sub-Divisional Magistrate, Bettiah

5. District Magistrate, Bettiah

6. Jang Bahadur Sah

7. Teja Sah

8. Bir Bahadur Sah 6 to 8 are sons of Kamal Sah

9. Bachu Sah @ Raj Kumar Sah, Son of Dahari Sah

10. Dhrub Sah, son of Dasai Sah

11. Kali Sah, son of Hassan Sah

12. Bij Sah, son of Adalti Sah

13. Hira Lal, Son of Gaya Nath Sah

14. Balash Mahton, Son of Late Jatan Mahto

15. Jay Narayan Mahto, S/o Late Sukhdeo Mahto,

16. Akwal Mahton, S/o Late Bhanu Mahto

17. Bhola Mahton, S/o Late Sukhdeo Mahto

18. Jagar Nath Prasad, S/o Late Nakli Pd.

All 6 to 18 are resident of Village- Ojha Mathiya, P.S.- Manjhauliya, DistrictWest Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Arbind Kumar Sharma, Advocate For the State : Mr. Manish Kumar, A.C. to A.A.G. 6 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 18-11-2016 Heard parties.

Petitioner claims that the private respondents have illegally encroached the public land which is in the nature of "Aam Rasta", School and pond which is 8 decimals of land of plot no.402

Patna High Court CWJC No.20885 of 2014 dt.18-11-2016 2 / 2 appertaining to khata no.224.

It is contended that though, after an application was filed before the Circle Officer, notice was issued upon the encroacher but there is no progress in the encroachment case and even case number is not known. It is further contended that despite representation having been filed before the District Magistrate concerned, nothing has been done.

Accordingly, I direct the Circle Officer, Manjhauliya, West Champaran, Bettiah, without going into the merit of the case, to bring the encroachment case concerned to its logical conclusion in which notices have been issued vide Annexure 1 to the writ petition within a period of 6 months after granting reasonable opportunity to all the concerned including the private respondents. This disposes of the writ petition.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2017 Transmission Date NA