Jatashankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.78 of 2017 ====================================================== Jatashankar Prasad, Son of Prabhunath Prasad, Resident of Village-Balthar, P.O.-Bhaura, Batthar, District-West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, West Champaran

3. The Sub Divisional Officer, Narkatiaganj, District-West Champaran

4. The Circle Officer, Sikta, District-West Champaran

5. The Superintendent of Police , West Champaran

6. The Officer-Incharge, Belthar Police Station, District-West Champaran

7. Ganesh Raut @ Ganesh Patel, Son of Late Vriksha Patel, Chaukidar Under Balthar Police Station Resident of Village-Balthar, District-West Champaran

8. Deepak Raut @ Deepak Patel, Son of Ganesh Raut @ Ganesh Patel, Resident of Village-Balthar, P.S. -Balthar, District-West Champaran

9. Harindra Raut @ Harindra Patel, Son of Ganesh Raut @ Ganesh Patel, Resident of Village-Balthar, P.S.- Balthar, District-West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajeet Kumar, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam- AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 10-08-2018 Heard Mr. Ajeet Kumar, learned counsel for the petitioner, Mr. Harendra Prasad, learned counsel for Respondent No.8, and Mrs. Nutan Sahay, learned AC to AAG 12 for the respondent-State.

Though, the present writ application was registered on 09.01.2017, but till date no counter affidavit has been filed, hence, in view of the nature of order of this Court intends to pass, this Court is neither inclined to adjourn the matter any further nor inclined to issue notice to private Respondent Nos. 7 and 9.

Patna High Court CWJC No.78 of 2017 dt.10-08-2018 2/3 The present writ application has been filed for a direction to the respondent authorities to get the encroachment removed from the land, appertaining to Khata No. 7, Plot No. 964, situated in Village Balthar, District West Champaran, which is recorded in the Revenue Records as Gairmajarua Malik, which has been encroached upon by private Respondent Nos. 7 to 9. Learned counsel for the petitioner submits that though this is not in dispute that for removal of the encroachment from the land in question, a proper proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') being Encroachment Case No. 349 of 2012-13, has been initiated, but the said proceeding has not been taken to its logical conclusion till date. Hence, he confines his prayer only to the extent for conclusion of the said proceeding.

Learned counsels for Respondent No.8 and respondentState have no objection to such prayer of the petitioner. In the circumstances, it is expected from Respondent No. 4, the Circle Officer, Sikta to take the proceeding of Encroachment Case No. 349 of 2012-13 to its logical conclusion, if it has already not been concluded, within a period of two months from the date of receipt/production of a copy of this order, after giving due opportunity of hearing to all affected persons including

Patna High Court CWJC No.78 of 2017 dt.10-08-2018 3/3 the petitioner and private Respondent Nos. 7 to 9, in accordance with the provisions of the Act.

Accordingly, the present writ application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date