Patna High CourtCWJC/12101/2018disposed

Jaymangal Ray v. The State Of Bihar And ORS

2018-07-06Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12101 of 2018 ====================================================== Jaymangal Ray, Son of Bhogi Ray, Resident of Village Hardo Patti (Hardevpatti), P.S. - Rajepur, District - East Champaran. ... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.

2. The Principal Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna.

3. The Commissioner, East Champaran, Motihari.

4. The District Magistrate, East Champaran, Motihari.

5. The Sub-Divisional Officer, Chakiya, East Champaran.

6. The Sub-Divisional Lok Shikayat Niwaran Padadhikari, Chakiya, East Champaran.

7. The Circle Officer, Mehsi, East Champaran.

8. Mohan Sah Son of Banarsi Sah, Resident of Village - Hardev Patti, P.S. - Rajepur, District - East Champaran.

9. Madho Thakur Son of Late Ramjee Thakur Resident of Village - Hardev Patti, P.S. - Rajepur, District - East Champaran.

10. Krishnandan Thakur, Son of Late Bhulan Thakur, Resident of Village- Hardev Patti, P.S.- Rajepur, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan- SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 06-07-2018 Heard Mr. Madhav Jha, learned counsel for the petitioner and Mr. Sajid Salim Khan, learned SC-25 for the respondent-State.

The present writ application has been filed for a direction to Respondent No.4, District Magistrate, East

Patna High Court CWJC No.12101 of 2018 dt.06-07-2018 2/3 Champaran, Motihari, to dispose of Encroachment Appeal No.54 of 2017 filed by Respondent No.8, Mohan Sah.

It is submitted by the learned counsel for the petitioner that the Encroachment Case No.06 of 2016-17 was initiated on the application of the petitioner and vide order dated 06.05.2017, the Respondent No. 7, Circle Officer, Mehsi, found that the Respondent Nos. 8, 9 and 10 have made encroachment over the land in question. The order passed by the Respondent No.7, Circle Officer, has been challenged in Encroachment Appeal No.54 of 2017 before the District Magistrate, East Champaran, Motihari. The said appeal was filed on 24.08.2017, but till date, it has not been disposed of.

Considering the nature of order, this Court is intends to pass which does not require issuance of notice to Respondent Nos. 8, 9 and 10 and adjourn the matter any further. In view of the fact that appeal of Respondent No.8, is pending since 24.08.2017, it is expected from the Respondent No.4, District Magistrate, East Champaran, Motihari, to dispose of the same within a period of eight weeks of the receipt/production of the copy of the order, after giving due opportunity of hearing to all affected persons.

Patna High Court CWJC No.12101 of 2018 dt.06-07-2018 3/3 Accordingly, the present writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A