Dharma Nath Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18186 of 2015 ====================================================== Dharma Nath Rai Son of Shiv Dani Rai, Resident of Village- Akilpur, P.O.- Bajahiyan, P.S.- Dariyapur, District- Saran, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Collector, Saran, Distt- Saran, Bihar.

3.

The S.D.O. Sonepur, Distt- Saran, Bihar.

4.

The Cirlce Officer, Dariyapur, Distt- Saran, Bihar. 5.

Sukan Rai, Son of Late Pancham Rai Resident of Village- Akilpur, P.O.- Bajahiyan, P.S.- Dariyapur, District- Saran, Bihar. 6.

Mandeep Rai, S/o Late Mangar Rai, Resident of Village- Akilpur, P.O.- Bajahiyan, P.S.- Dariyapur, District- Saran, Bihar. 7.

Ganesh Rai, S/o Late Ram Charitra Rai, Resident of Village- Akilpur, P.O.- Bajahiyan, P.S.- Dariyapur, District- Saran, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Sah, Adv.

For the Respondent/s :

Mr.Ashok Priyadarshi, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The limited prayer made by the petitioner in the present case is to direct the Respondent No. 4 i.e. the Circle Officer, Dariyapur, District-Saran, to conclude the proceedings of the pending Encroachment Case No. 1 of 2015-16. 2.

Per contra, the learned counsel for the Respondent-State submits that in case, the aforesaid encroachment proceedings have not yet been concluded, the same would definitely be concluded, by passing the final order, within a fixed time frame. 3.

Having regard to the facts and circumstances of the case,

Patna High Court CWJC No.18186 of 2015(3) dt.05-09-2024 2/2 I deem it fit and proper to direct the Respondent No. 4 to conclude the proceedings of the aforesaid Encroachment Case No. 1 of 2015-16, if the same has not already been concluded, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt / production of a copy of this order. 4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U