Ashish Bajpeyee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12740 of 2024 ====================================================== Ashish Bajpeyee S/o Late Bishun Bajpai, resident of Village-Ghanberiya, PSKhaira, District-Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Rural Works Dept., Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The Circle Officer, Khaira, District-Jamui.

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

For the Petitioner/s :

Mr.Pawan Kumar Verma, Adv.

Mr.Arun Kumar Tiwari, Adv.

For the Respondent/s :

Mrs.Anuradha Singh, SC-21 Mrs.Shatabdi Sinha, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present application is being filed for issuance of writ of Mandamus or other appropriate writ(s) to remove encroachment from public land appertaining to Plot No. 1239, Khata No .409, Area about 0.24 decimals, and Plot No. 1270, Khata No. 408, both revenue Thana no. 77, Mauza- Khaira, which has completely restrained movement to the main road."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Khaira, District-Jamui, to dispose off the pending Encroachment Case No.03 of

Patna High Court CWJC No.12740 of 2024(2) dt.29-08-2024 2/2 2016-17.

3. Per contra, the learned counsel for the respondentState submits that in case the aforesaid encroachment case is still pending consideration, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Khaira, District-Jamui, to conclude the proceedings of the aforesaid Encroachment Case No.03 of 2016-17, in case it is still pending, 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.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U