Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20062 of 2019 ====================================================== Mahesh Prasad Son of Late Harinandan Prasad, Resident of Bahari Begumpur, Beldari Tola, P.O.-Begumpur, Police Station-Bypass, DistirctPatna. ... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Patna.

4.

The Sub-Divisional Officer, Patna City, Patna. 5.

The Circle Officer, Patna Sadar, Patna.

6.

The Executive Engineer, Road Constructuion Department, Gulzabagh, Patna City, Patna- 800008.

7.

The Chief Engineer, Road Constructuion Department, Vishwshwariya Bhawan, Bailey Road, Patna.

8.

The Thana In-Charge, Bypass Thana, Patna.

9.

Ranjit Kumar Son of Late Bansi Beldar, Resident of Bahri Begumpur, P.S.- Bypass, District-Patna.

10.

Sarvesh Kumar, Son of Late Ramprit Mahto Resident of Bahri Dhawalpura, P.S.-Bypass, Patna City, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad, Advocate For the Respondent/s :

Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 27-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has earlier approached this Court in CWJC No. 24362 of 2018. While disposing of the said writ

Patna High Court CWJC No.20062 of 2019 dt.27-09-2019 2/2 application, the Court has directed the Circle Officer, Patna Sadar to draw a proceeding and take a decision after giving notice to the alleged encroachers, in turn, the petitioner filed an application, whereupon Encroachment Case No.44/2019-20 has been instituted, which is still pending and the Circle Officer has not taken any concrete action against the encroachers. However, counsel for the petitioner submits that the Circle Officer has written a letter to the Officer-in-charge, whereupon the construction over the land has been stopped.

In such view of the matter, let the Circle Officer, Patna Sadar, Patna conclude the encroachment proceeding within a period of six months after giving notice to the alleged encroachers. If it is found that there is encroachment, then the same should be removed and submit the action report to this Court for perusal. With this observations and directions, this writ application stands disposed of.

(Shivaji Pandey, J) ( Partha Sarthy, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 30.09.2019 Transmission Date N.A.