Sujeet Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15536 of 2022 ====================================================== Sujeet Kumar Ram S/o Lakhiram Ram, Resident of Village- Goda Semra, Kathaiya, P.S.- Majhaulia, Anchal- Majhaulia, Dist. - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum-District Magistrate, West Champaran at Bettiah.

2.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 3.

The Additional Collector, Bettiah, West Champaran. 4.

The Sub-Divisional Officer, Bettiah Sadar, Bettiah, Dist.- West Champaran. 5.

The Circle Officer, Majhaulia Block, Majhaulia, District- West Champaran. 6.

The Superintendent of Police, Bettiah, West Champaran. 7.

The Officer-in-Charge, Majhaulia Police Station, Majhaulia, District- West Champaran.

8.

Ramdev Ram S/o Late Raghunath Ram, Resident of Village- Goda Semra, Kathaiya, P.S.- Majhaulia, Anchal- Majhaulia, DIst.- West Champaran. 9.

Ramayan Ram S/o Late Sukdev Ram, Resident of Village- Goda Semra, Kathaiya, P.S.- Majhaulia, Anchal- Majhaulia, DIst.- West Champaran. 10.

Laxmi Ram @ Lakchiram Ram S/o Late Raghunath Ram, Resident of Village- Goda Semra, Kathaiya, P.S.- Majhaulia, Anchal- Majhaulia, DIst.- West Champaran.

11.

Ram Sakal Ram S/o Late Ramdeep Ram, Resident of Village- Goda Semra, Kathaiya, P.S.- Majhaulia, Anchal- Majhaulia, DIst.- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The present petition has been filed seeking the following reliefs :- "A) For issuance of an appropriate writ, order/s, direction for the following :- (i) To remove all encroachment done by the private respondents and others over a piece

Patna High Court CWJC No.15536 of 2022(2) dt.12-04-2023 2/3 of Gairmajarua Aam Land (public road) appertaining to Thana no. 278, Khata no.

270, Plot no. 2105 measuring 0.9 acre falling within Kathaiya Mauza of Majhaulia Block under West Champaran District as the land in question is a public road and on account of the encroachment in question, the people at large and the petitioner in particular is facing serious inconvenience.

(ii) To hold that the aforesaid land is a public road and the same has been encroached upon by the private respondents in an illegal manner."

At the outset, the learned counsel for the petitioner has submitted that encroachment proceedings vide Encroachment case no. 16 of 2019-20 has already been initiated by the Circle Officer, Majhaulia Block, Majhaulia, District-West Champaran, hence, the same be directed to be concluded, expeditiously.

The learned counsel for the respondent- State submits that the aforesaid encroachment proceedings would definitely be taken to his logical conclusion within the time frame, fixed by the Court.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the Circle

Patna High Court CWJC No.15536 of 2022(2) dt.12-04-2023 3/3 Officer, Majhaulia Block, Majhaulia, District-West Champaran to dispose off the aforesaid Encroachment case no. 16 of 2019-20, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the affected parties, within a period of six weeks from today.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U