Rakesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5721 of 2018 ====================================================== Rakesh Kumar son of Late Harishankar Prasad, resident of Village and P.O. Jagarnatha, P.S.- Uchkagaon, District- Gopalganj. ... ... Petitioner/s

Versus

1.

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

The Chief Secretary Government of Bihar, Patna. 3.

The Collector-Cum- District Magistrate, Gopalganj. 4.

The Additional Collector, Gopalganj.

5.

The Sub Divisional Officer, Hathua, District- Gopalganj. 6.

The Circle Officer, Uchkagaon, District- Gopalganj. 7.

Sri Ram Bachan Ram, the Circle Officer, Uchkagaon, PS- Uchkagaon, District- Gopalganj.

8.

The Superintendent of Police, Gopalganj.

9.

The Officer in Charge, Uchkagaon Police Station, District- Gopalganj. 10.

Naresh Choudhary, son of Late Osihar Choudhary 11.

Haran Choudhary son of Late Osihar Choudhary 12.

Surendra Choudhary son of Late Nagina Choudhary All 10 to 12 resident of Village and PO- Jagarnatha, P.S.- Uchkagaon, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No-5 For the Respondent/s :

Mr.Md. Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-08-2022 Though, the present writ petition was filed for removing the encroachment made over the public land in front of the house of the petitioner, details whereof have been given in paragraph No. 7 of the present writ petition, but during the interregnum period, it appears that the final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed by the Circle Officer, Uchkagaon, District Gopalganj in

Patna High Court CWJC No.5721 of 2018(4) dt.23-08-2022 2/2 Encroachment Case No. 2 of 2017-18 on 29.11.2017 itself, however, till date the encroachment in question has not been removed, nonetheless it is submitted by the learned counsel for the petitioner that since one of the encroachers has filed an encroachment appeal, the entire encroachment proceedings has been stayed.

In such view of the matter, the District Magistrate, Gopalganj is directed to conclude all the proceedings, which are stated to be pending, within a period of six weeks from today and take appropriate steps, in accordance with law, and in case it is found that the encroachment in question is existing, needful shall be done in that regard.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U