Ram Deo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14941 of 2024 ====================================================== Ram Deo Rai son of Bhola Rai Resident of village- Rajapur Kauriya, P.S. Basantpur, District- Siwan Bihar.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reform, Govt, of Bihar Patna. 3.

The District Collector, Siwan 4.

The Deputy Collector, Land Reform, Siwan.

5.

The Anchal Adhikari, Basantpur, Distt.-Siwan. 6.

Rajdeo Rai son of Late Marai Rai Resident of village Rajapur, P.S. Basantpur, District-Siwan 7.

Amarnath Rai son of Late Daroga Rai Resident of village Rajapur, P.S. Basantpur, District-Siwan 8.

Ramnath Rai son of Late Khenkhar Rai Resident of village Rajapur, P.S. Basantpur, District-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Respondent/s :

Government Advocate- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2024 The limited prayer made by the learned counsel for the petitioner is to direct the Circle Officer, Basantpur, District-Siwan to conclude the encroachment proceedings in question which has been initiated for removal of encroachment made over land appertaining to Khata No. 168, Survey No. 288, situated at Mauza-Rajapur, Thana No. 355, Block-Basantpur, District-Siwan, which is a parti Kadim Gairmajarua Malik land and has been

Patna High Court CWJC No.14941 of 2024(2) dt.01-10-2024 2/3 encroached by several persons.

2.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case in question is still pending, the same would definitely be concluded within a stipulated time frame, as is fixed by this Court.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Basantpur, DistrictSiwan to conclude the proceedings of the Encroachment Case in question, in case the same is still pending, 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 of receipt/production of a copy of this order.

4.

It is needless to state that in case appropriate encroachment proceedings are yet to be initiated, the same shall be initiated by the Circle Officer, Basantpur, District-Siwan, forthwith and taken to its logical conclusion, thereafter.

Patna High Court CWJC No.14941 of 2024(2) dt.01-10-2024 3/3 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U