Md. Nasimul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21010 of 2013 ====================================================== Md. Nasimul Haque Son Of Late Nurul Haque Resident Of Village - Balha, Police Station - Simri, District - Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Darbhanga. 2.

Circle Officer, Singhwada Anchal, Darbhanga 3.

Settlement Officer, Land Settlement Office, Darbhanga 4.

Welfare Officer, Welfare Department, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Ashfaque Ahmad, Advocate For the Respondent/s :

Mr.Rakesh Prabhat, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for issuance of writ of mandamus or any appropriate writ, directing the authorities of the State of Bihar to remove illegal encroachment from the land of Qabristan situated at Herpure Panchayat, village- Balha, P.S. Simri, DistrictDarbhanga and to construct boundaries on the entire land of the said Qabristan."

2. At the outset, the learned counsel for the respondentState submits by referring to the counter affidavit filed in the present case that the Circle Officer, Singhwada Anchal, Darbhanga has already opened the pending land Encroachment Case No.10 of 2019 and is taking appropriate steps for

Patna High Court CWJC No.21010 of 2013(4) dt.31-07-2024 2/2 conclusion of the same and removal of the encroachment in question, in accordance with law.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Singhwada Anchal, Darbhanga to conclude the proceedings of the aforesaid Encroachment Case No.10 of 2019, 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 and thereafter take appropriate steps, by taking recourse to the due process of law for removal of the encroachment in question.

4. It is needless to state that in case the aforesaid encroachment proceedings have already been concluded and it has been declared that encroachers have encroached the Qabristan in question, then the Circle Officer, Singhwada Anchal, Darbhanga shall ensure removal of the encroachment in question, forthwith, in case there is no other legal impediment.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U