Sanjeev Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21350 of 2018 ====================================================== Sanjeev Kumar Singh S/o Late Ram Kumar Singh, Resident of VillageNayanagar, P.S.- Hasanpur, Dist- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Rural Works Department, Patna. 2.

The Chief Engineer, Rural Works Department, Samastipur. 3.

Superintending Engineer, Rural Works Department, Samastipur. 4.

Executive Engineer, Rural Works Department, Rosera, P.S. Rosera, DistSamastipur. 5.

Assistant Engineer, Rural Works Department, Hasanpur, P.S.- Hasanpur, Dist- Samastipur.

6.

District Magistrate, Samastipur.

7.

Anchal Adhikari, Hasanpur, P.S. Hasanpur, Dist- Samastipur. 8.

Lal Babu Choudhary, S/o Late Laxmi Choudhary, Resident of VillageNayanagar, P.S.- Hasanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Kumar, Advocate For the Respondent/s :

Mr.Ajay -Ga5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-09-2024

1. Though the present petition has been filed for directing the respondents to remove the encroachment made over plot no.3870, Ganesh Dutt Path, Nayanagar, DistrictSamastipur, however, it is pointed out by the learned counsel for the repondent-State by referring to the counter affidavit, filed in the present case that the Circle Officer, Hasanpur, DistrictSamastipur has already initiated encroachment proceedings vide Encroachment Case No.09 of 2018, hence the encroachment would definitely be removed, subject to the result of the said

Patna High Court CWJC No.21350 of 2018(2) dt.25-09-2024 2/2 encroachment proceedings.

2. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Hasanpur, District-Samastipur to conclude the proceedings of the aforesaid Encroachment Case No.09 of 2018, in case the same 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.

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

(Mohit Kumar Shah, J) Saurav/- U