Baidya Nath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10945 of 2023 ====================================================== Baidya Nath Prasad Son of Late Chatargun Prasad, resident of VillageJaitpurwa, P.S. Malahi, District-East Champaran at Motiahri. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, East Champaran at Motihari. 2.

The Additional Collector, East Champaran at Motihari. 3.

Deputy Collector Land Reforms, Arearaj, District-Motihari 4.

Circle Officer, Paharpur, Distirct-East Champaran. 5.

Shambhu Prasad Son of Late Hira Lal Prasad, resident of Village-Jaitpurwa, P.S. Malahi, District-East Champaran at Motihari. 6.

Nitish Kumar S/o Shambhu Prasad, resident of Village-Jaitpurwa, P.S. Malahi, District-East Champaran at Motihari.

7.

Manish Kumar S/o of Shambhu Prasad, resident of Village-Jaitpurwa, P.S. Malahi, District-East Champaran at Motihari.

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

For the Petitioner/s :

Ms.Shruti Sinha, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023 1.

The limited prayer made by the petitioner in the present writ petition is to direct the Circle Officer, Paharpur, East Champaran to conclude the proceedings of the pending Encroachment Case No.14 of 2022-23, within a stipulated time frame.

2.

The learned counsel for the respondent-State submits that in case the aforesaid encroachment case has not been taken to its logical conclusion, the same would definitely be concluded, within a fixed time frame, as prescribed by this

Patna High Court CWJC No.10945 of 2023(2) dt.10-10-2023 2/2 Court.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Paharpur, East Champaran to conclude the proceedings of the aforesaid Encroachment Case No.14 of 2022-23, in case the same have not already been concluded, 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 affected parties, within a period of six weeks of receipt/production of a copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U