Ram Bihari Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17580 of 2013 =========================================================== Ram Bihari Jha, Son of Late Ramawatar Jha, Resident of Village- Dekuli, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Divisional Commissioner, Darbhanga Division, Darbhanga

3. The District Magistrate, Darbhanga

4. Deputy Collector, Land Revenue, Darbhanga

5. The Circle Officer, Bahadurpur, Darbhanga

6. Officer In Charge, Bahadurpur Police Station, District- Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date: 08-05-2017 Heard learned counsel for the petitioner and Mr. Anand Upadhyay, learned counsel for the respondents. The present writ application has been filed basically for removal of encroachment from a public road appertaining to New Plot Nos. 950 and 1366, Thana No. 228, situated in Mauza Dekuli under Bahadurpur Circle in the District of Darbhanga and to conclude the encroachment proceeding in view of the report of the Circle Amin dated 02.02.2011, as contained in Annexure-2, submitted to Circle Officer, Bahadurpur whereby it was found that the public land has been encroached by Ramashankar Jha, Jiwachh Jha, Sajjan Jha, Sushil Jha and Upendra Jha.

Patna High Court CWJC No.17580 of 2013 dt.08-05-2017 2/3 It is submitted by the learned counsel for the petitioner that the report of the Circle Amin, submitted in the year 2011, reflects that the encroachment has been made on the public road, but the same has not been removed till date nor the encroachment proceeding has been concluded.

Mr. Anand Upadhyay, learned counsel for the respondent-State submits that none of the documents reflects that any encroachment proceeding has been initiated but if the encroachment proceeding has already been initiated then it will be concluded within specific time frame and if the encroachment proceeding has not been initiated then it will be initiated and the same will be taken to its logical conclusion within a period of three months. In view of the above stand of the learned counsel for respondent-State, the present writ application is disposed of with liberty to the petitioner to file a comprehensive representation before the Circle Officer, Bahadurpur, respondent no.5 within a period of three weeks from the date of receipt/production of a copy of this order when respondent no.

5 will consider the grievance of the petitioner and if the encroachment proceeding has already been initiated and not concluded, then the same shall be concluded within a period of two months.

Patna High Court CWJC No.17580 of 2013 dt.08-05-2017 3/3 road, then the same should be initiated forthwith and taken to its logical conclusion within a period of three months. (Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date ..11/05/2017 Transmission Date N/A