Patna High CourtMJC/3148/2018disposed

Bhikhari Sah v. The State Of Bihar And ORS

2018-12-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3148 of 2018 In Civil Writ Jurisdiction Case No.1675 of 2017 ====================================================== Bhikhari Sah, Son of late Nathuni Sah, Resident of Village - Parsa, Police Station - Majhaulia, District - West Champaran. .............Respondent/Petitioner.

Versus

1. The State Of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Joint Secretary, Government of Bihar, Patna.

4. The District Magistrate, West Champaran, Bettiah. 5.The Sub Divisional Officer, Bettiah, Sadar, West Champaran

6. The Circle Officer, Majhaulia, West Champaran.

7. The Anchal Amin, Anchal Majhaulia, P.S. - Majhaulia, District - West Champaran.

8. Laxmi Sah, Son of Late Harbansh Sahj, R/o Parsa, P.S. Majhaulia, District - West Champaran.

9. Sanjay Bhagat, Son of Shambhu Bhagat, R/o Parsa, P.S. Majhaulia, District - West Champaran.

10. Jot Narayan Singh, Son of Not Known, R/o Parsa, P.S. Majhaulia, District - West Champaran.

.........Respondents/ Opposite Parties.

11. Most Malati Devi, Wife of Lte Ramchandra Sah, R/o Parsa (Rai Tola), P.S. Majhaulia, District - West Champaran.

...............Petitioner/Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey For the Respondent/s :

Mr. Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2018 The present application has been filed for modification of order dated 05.07.2017, passed in C.W.J.C. No. 1675 of 2017 to the extent that the Circle Officer be directed to consider the show cause of the petitioner and dispose of the encroachment proceeding in accordance with law. Needless to say that this Court vide impugned order directed the Circle Officer, Majhaulia to initiate a proceeding

Patna High Court MJC No.3148 of 2018(2) dt.12-12-2018 2/2 under Bihar Public Land Encroachment Act, particularly, taking into consideration the report of the Anchal Amin dated 23.02.2015, as contained in Annexure-5/1 to the writ application, within a period of four weeks and conclude the proceeding after giving due notice to all affected persons in accordance with law.

Since the period has already been lapsed by now, this Court is not inclined to interfere at this stage. However, petitioner will be at liberty to raise his objection on conclusion of the proceeding at appropriate forum.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U