Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15533 of 2023 ====================================================== Surendra Sah son of Late Rajendra Sah @ Gupteshwar Teli, resident of Village and P.O.-Badka Rajpur, P.S.-Simri, District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector, Buxar.

4.

The Circle Officer, Simri, Buxar.

5.

Dadhival Yadav, son of Late Dhuval Yadav, resident of Village and P.O.- Badka Rajpur, P.S.-Simri, District-Buxar.

6.

Dhanaklal Yadav, son of late Sanumukh Yadav, resident of Village and P.O.- Badka Rajpur, P.S.-Simri, District-Buxar.

7.

Panchanan Yadav, son of Late Dhuval Yadav, resident of Village and P.O.- Badka Rajpur, P.S.-Simri, District-Buxar.

8.

Chandrakant Yadav, son of Late Raghunath Yadav, resident of Village and P.O.-Badka Rajpur, P.S.-Simri, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gaurav Govind, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2024 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of appropriate writ/writs, order/orders commanding the respondents to remove encroachment from Khata No.608, Plot No.1026 total area-0.16 acre situated at Village- Rajpur Kala, Thana No.39, DistrictBuxar the nature of which is a public road

Patna High Court CWJC No.15533 of 2023(2) dt.07-05-2024 2/3 within a fixed time frame."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Simri, District-Buxar to conclude the proceedings of the pending Encroachment Case No.10 of 2022-23.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment proceeding has not yet been concluded, the same shall definitely be concluded, within a stipulated time frame, as is directed by this Court.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Simri, District-Buxar to conclude the proceeding of the aforesaid Encroachment Case No.10 of 2022-23, in case the same has not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a

Patna High Court CWJC No.15533 of 2023(2) dt.07-05-2024 3/3 copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U