Rajmohan Choubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22943 of 2013 ====================================================== Rajmohan Choubey Son Of Kapildeo Choubey Resident Of Village - Rawan, P.O. - Mahuwari, P.S. - Sonhan, District - Kaimur At Bhabua ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Kaimur At Bhabua 3.

The Sub-Divisional Officer, Bhabua, District - Kaimur At Bhabua 4.

The Circle Officer, Bhabua, District - Kaimur At Bhabua 5.

Shyam Bihari Kumhar Son Of Late Jiut Kumhar Resident Of Village - Rawan, P.S. - Bhabua, District - Kaimur At Bhabua 6.

Lalbihari Kumhar Son Of Late Jiut Kumhar Resident Of Village - Rawan, P.S. - Bhabua, District - Kaimur At Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Respondent/s :

Mr.Ramadhr Singh, GP-25 Mr. Upendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-03-2023 The present writ petition has been filed seeking the following relief:-

1. That this is an application on behalf of the petitioner for issuance a writ, order or direction including a writ in the nature of mandamus commanding the respondent No. 1 to 4 to take appropriate action against the encroacher of the Anabad Sarsadharan Land as Khata no.58, Plot No. 65, Thana No. 618, Mauja Rawan, Circle Bhabua, District -Kaimur at Bhabua and issuance an order for removal of the construction in public land (Anabad Sarv Sadharan) and issuance a writ order

Patna High Court CWJC No.22943 of 2013(6) dt.17-03-2023 2/2 or direction in the nature of mandamus commanding the respondents to not construct any type of hut in the future in the public land and/or may be passed other and further order which the petitioner is entitled to.

The learned counsel for the Respondent-State has pointed out, by referring to the counter affidavit, filed in the present case that an encroachment proceeding bearing Encroachment Case No. 5/2017-18 has already been initiated by the Circle Officer, Bhabhua, hence, if the same has not been concluded, the said encroachment proceeding would definitely be taken to its logical conclusion, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of six weeks from today. It is directed accordingly. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U