Vijay Sharma v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14771 of 2024 ====================================================== Vijay Sharma S/o Paltu Sharma Resident of Village- Majhariya Sheikh, Ward No. 07, P.S. and Block- Majhauliya, 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, West Champaran. 5.

The Circle Officer, Majhauliya Block, Majhauliya, District- West Champaran.

6.

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

The Officer-in-Charge, Majhauliya, Police Station, Majhauliya, DistrictWest Champaran. 8.

Rahim Ansari Son of Gafur Ansari Resident of Village- Majhariya Sheikh, P.S. and Block- Majhauliya, Dist.- West Champaran. 9.

Kabaljan Ansari Son of Gafur Ansari Resident of Village- Majhariya Sheikh, P.S. and Block- Majhauliya, Dist.- West Champaran. 10.

Jahur Ansari Son of Gafur Ansari Resident of Village- Majhariya Sheikh, P.S. and Block- Majhauliya, Dist.- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2024 The limited prayer made by the petitioner in the present case is to direct the District Magistrate, West Champaran at Bettiah, to ensure that the order dated 5.2.2024, passed by the Circle Officer, Majhauliya, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 14 of 2023-24, is enforced forthwith

Patna High Court CWJC No.14771 of 2024(2) dt.26-09-2024 2/2 and the encroachment in question is removed.

2.

Per contra, the learned counsel for the Respondent-State submits that the aforesaid order dated 5.2.2024 would definitely be enforced, in case there is no other legal impediment, 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 District Magistrate, West Champaran at Bettiah to ensure enforcement of the aforesaid order dated 5.2.2024 forthwith, in case there is no other legal impediment and in case, the same has not been annulled by any higher forum /Court of law, by taking recourse to the due process of law.

4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U