Sufi Rustam Ali Chisti Nizami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18150 of 2021 ====================================================== Sufi Rustam Ali Chisti Nizami son of late Sufi Abdul Aziz Chistri Nizami resident of Mohalla- Shafiganj, Ward No. 15, Mauza- Awari, Mohania, P.S.- Mohania, District- Kaimur at Bhabhua.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Chief Secretary, Govt. of Bihar, Patna.
3.
The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
4.
The Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.
5.
The Principal Secretary, Scheduled Castes and Scheduled Tribes Welfare Department, Govt. of Bihar, Patna.
6.
The District Magistrate, Kaimur at Bhabhua.
7.
The Additional Collector, Kaimur at Bhabhua.
8.
The District Land Acquisition Officer, Kaimur at Bhabhua. 9.
The Sub- Divisional Magistrate, Mohania, District- Kaimur. 10.
The Circle Officer, Mohania, District- Kaimur. 11.
The Executive Engineer, Water Channel Sub- division, Minor Irrigation Department, Mohania, District- Kaimur.
12.
The Sub- divisional Officer, Water Channel Sub- division, Minor Irrigation Department, Mohania, District- Kaimur.
13.
The Chief General Manager, Bharat Sanchar Nigam Limited, Bihar Circle, Patna 14.
The Divisional Engineer, Bharat Sanchar Nigam Limited, Sasaram 15.
The Sub- Divisional Engineer, Telecom, Bharat Sanchar Nigam Limited, Mohania, District- Kaimur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Pratap Singh, Advocate For the Respondent/s :
Mr.Raj Kishore Roy ( GP 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 Though the present writ petition was filed for concluding the proceedings of the pending encroachment case
Patna High Court CWJC No.18150 of 2021(3) dt.05-12-2022 2/2 bearing Encroachment case no. 04 of 2010-11, however, a counter affidavit has been filed by the District Magistrate, Kaimur at Bhabhua, which has been taken on record, wherein it has been stated that the records of the aforesaid encroachment case have been misplaced and are not traceable, hence, a fresh notice has been issued in the aforesaid encroachment case on 19.11.2021 and the aforesaid encroachment proceedings would definitely be concluded within a stipulated time frame. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with a direction to the Circle Officer, Mohania, Kaimur i.e. the respondent no. 10 to conclude the aforesaid encroachment case, 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 12 weeks of receipt/ production of a copy of this order.
(Mohit Kumar Shah, J) rinkee/- U