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Patna High CourtCWJC/12164/2023disposed

Shambhu Prasad v. The State Of Bihar

2023-12-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12164 of 2023 ====================================================== Shambhu Prasad Son of Ramdev Sah, Resident of Village- Siswaniya, P.SChhoradano, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Revenue and Land Reforms Department, Govt of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Sub Divisional Magistrate, Raxaul, East Champaran, Motihari. 5.

The Circle Officer, Chhoradano, District-East Champaran, Motihari. 6.

Ram Pravesh Prasad Son of Muni Lal Singh Residing Village-Siswaniya, P.S-Chhoradano, District-East Champaran, Motihari. 7.

Krishna Prasad Son of Ram Pravesh Prasad Residing Village-Siswaniya, P.S-Chhoradano, District-East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties.

2. The present application has been filed for directing the respondents to remove the encroachment from the land bearing Mouza- Siswaniya, Thana No. 131, Khata No. 179, Khesra No. 240, Area-20 decimal which has been illegal encroached.

3. It has been submitted by learned counsel for the petitioner that for removal of encroachment the petitioner has filed an application dated 31.07.2023 before the Circle Officer,

Patna High Court CWJC No.12164 of 2023(2) dt.04-12-2023 2/2 Chhoradano, East Champaran, Motihari, which is still pending.

4. The Circle Officer, Chhoradano, East Champaran, Motihari is directed to consider the pending application dated 31.07.2023 (Annexure-1 to this application) filed by the petitioner. If any encroachment is found then an encroachment case shall be initiated by him and the same shall be disposed of after hearing all the affected parties including the petitioner. The aforesaid exercise must be completed by the Circle Officer within six months from the date of receipt/production of a copy of this order.

5. With the aforesaid observations and directions, this writ application stands disposed of.

6. Let a copy of this order be communicated to the District Magistrate, East Champaran, Motihari forthwith for its compliance.

(Sandeep Kumar, J) P. Kumar U