Ram Kishun Mahto @ Ram Krishna Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18540 of 2013 ======================================================

1. Ram Kishun Mahto @ Ram Krishna Prasad, Son of Late Nukku Mahto, Resident of Village - Chandra Bigha, P.O. - Mandi, P.S. - Ben, District - Nalanda

2. Rama Devi, Wife of Late Ram Prasad, Resident of Village - Chandra Bigha, P.O. - Mandi, P.S. - Ben, District - Nalanda .... .... Petitioners

Versus

1. The State of Bihar , Through The District Magistrate-Cum-Collector, Nalanda

2. The Sub-Divisional Officer (S.D.O.), Biharsharif, Nalanda

3. The Block Development Officer (B.D.O.) Ben, District - Nalanda

4. The Circle Officer (C.O.) Ben, Dist. - Nalanda .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Ajoy Kumar Chakraborty, Adv. For the Respondents : Mr. Ramadhar Singh, G.P.-25. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and learned G.P.-25 for the respondents.

The present writ application has been filed for quashing the order dated 03.08.2011, as contained in Annexure-2, passed by respondent no.4, the Circle Officer, Ben, in Encroachment Case No. 02 of 2006-07, whereby the petitioners and others were directed to remove the encroachment otherwise the same shall be removed by the authorities forcefully. In view of the stand of the learned counsel for the respondent-State that the petitioner has preferred appeal being Land Encroachment Appeal No. 05 of 2013 against the impugned

Patna High Court CWJC No.18540 of 2013 (2) dt.19-06-2017 2/2 order dated 03.08.2011, before the District Magistrate, Nalanda, learned counsel for the petitioners confines his prayer to the extent that the present writ application be disposed of with direction to the District Magistrate, Nalanda for disposal of the aforesaid land encroachment appeal.

Learned G.P.-25 submits that he has no objection to the said prayer.

In the circumstances, the present writ application is disposed of with a direction to the District Magistrate to dispose of the Land Encroachment Appeal No. 05 of 2013, if it has already not been disposed of, within a period of eight weeks from the date of receipt/production of the copy of this order. (Dinesh Kumar Singh, J) Amrendra/- U