Narsu Singh Yadav @ Narsu Yadav @ Narsu Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22364 of 2018 ====================================================== Narsu Singh Yadav @ Narsu Yadav @ Narsu Singh Son of Late Shiv Pujan Singh, Resident of Village- Dharahara, P.S.- Darihat, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal sEcretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

Collector, Rohtas at Sasaram.

3.

Anchal Adhikari, Akorhi Gola, District- Rohtas. 4.

Revenue Karamchari, Akorhi Gola Block, District- Rohtas. 5.

Pramod Kumar, Son of Sarju Singh 6.

Gaya Singh, son of Late Ram Bilash Singh.

7.

Ashok Kumar, Son of Sanmukh Mahto, Respondent 5 to 7 is the Resident of Village Dharahara, P.S. Darihat, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan- SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2022 Though the present writ petition has been filed for removing encroachment made by the private respondents over public land, for which, an Encroachment case no. 06 of 2016-17 was initiated by the Circle officer, Akorhi Gola, Rohtas i.e. the respondent no. 3, however, the learned counsel for the respondent- State has filed a counter affidavit, annexing the final order, passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 dated 26.08.2019, by the respondent no. 3, nonetheless the learned counsel for the respondent- State has not been able to explain as to why the encroachment in

Patna High Court CWJC No.22364 of 2018(2) dt.12-09-2022 2/2 question, has not been removed till date.

At this juncture, the learned counsel for the petitioner has submitted that the encroacher had filed a writ petition before this Court bearing C.W.J.C. no. 3466 of 2019, however, the same has stood dismissed by this Court vide order dated 27.06.2022.

In such view of the matter, this Court finds that there is no impediment in removing the encroachment in question, hence, the respondent no. 3 is directed to take appropriate steps, within a period of two weeks from today.

Accordingly, the writ petition stands disposed off with the aforesaid direction to the respondent no. 3. (Mohit Kumar Shah, J) rinkee/- U