Hari Shankar Singh @ Gama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7831 of 2014 ======================================================

1. Hari Shankar Singh @ Gama Singh son of Suryanand Singh Resident of village - Lokai Belwa, Chakiya P.S. - Pipra, Dist - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Land Reforms Department, Bihar, Patna.

2. The District Magistrate, East Champaran.

3. The Land Reform Officer, Chakiya, East Champaran.

4. The Sub-Divisional Officer, Chakiya East Champaran

5. The Circle Officer, Chakiya East Champaran

6. Subodh Singh

7. Sadhu Singh Resp. No. 6 to 7 are sons of Girjanand Singh, Resident of village - Lokai Belwa, P.S. - Pipra, Dist - East Champaran.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Sc-10 Sheo Shankar Pd. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

The present writ application has been filed for execution of the order dated 12.10.2012, passed by the D.C.L.R. in Land Dispute Redressal Case No.8 of 2012-13, whereby the D.C.L.R. has directed the C.O., Chakia to get the land, appertaining to Khata No.68, Kheshra No.292 situated in Mauza Lokai Belwa, P.S.-Pipra, District-East Champaran, measured and thereafter, Circle Officer, Chakia has been directed to demarcate

Patna High Court CWJC No.7831 of 2014 (2) dt.10-07-2017 settled as well as Raiyati lands and remove the encroachment on the public land. However, Encroachment Case No.2 of 2013-14 has been initiated in pursuance to the report of the Anchal Amin/Halka Karamchari considering the order passed by the D.C.L.R. as contained in Annexure-A to the counter affidavit. Hence, the counsel for the petitioner, at present, confines his prayer to the extent that since the Encroachment Case No.2 of 2013-14 has already been concluded, but the order has not been implemented, hence, the same may be implemented. In the circumstances, this writ application is disposed of with a direction to the respondent no.5, the Circle Officer, Chakia, to implement the final order passed in Encroachment Case No.2 of 2013-14 under the provisions of Section 7 of the Bihar Public Land Encroachment Act within a period of three months provided the said order has not been modified, set aside or stayed by any competent court. (Dinesh Kumar Singh, J) Arvind/- U