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Patna High CourtCWJC/14960/2023disposed

Prafull Chandra Jha v. The State Of Bihar

2024-04-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14960 of 2023 ====================================================== Prafull Chandra Jha Son of Shyam Krishna Jha, resident of village - Angaru Tola, Mahadev Chak, P.S. - Bounsi, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land Revenue Department Government of Bihar, Patna.

2.

The Secretary, Land Reforms, Government of Bihar, Patna. 3.

The Collector, Banka, District - Banka, Bihar. 4.

The Deputy Collector, Banka, District - Banka, Bihar. 5.

The Circle Officer, Circle Bausi, District - Banka, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Mishra, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP- 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-04-2024 The present writ petition has been filed seeking the following relief:- "1. That present application is being filed to issue a writ in the nature of mandamus for commanding the Respondent 21, Authorities to remove the encroachment from public Rasta (Way) bearing Mauja - Angaru Jabra, Thana No. Circle Bousi, Village Angaru Tola, P.S. District - Banka, bearing Khata No. - 201, Khesra No. 1202 and 1178, which is recorded as AAM RAASTA and kism of land is GAIRMAJARUA AAM, which has been

Patna High Court CWJC No.14960 of 2023(2) dt.30-04-2024 2/3 encroached by some local people due to which general people has submitted various application before the concern Authorities with a prayer to remove the said encroachment but no result as yet, in spite of several approach by the petitioner and others before the concerned Authorities."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Bausi, District-Banka, to finally conclude the proceedings of the Encroachment Case No. 76 of 2022-23.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be concluded within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Bausi, District-Banka to take the aforesaid Encroachment Case No. 76 of 2022-23 to its logical conclusion, in accordance with law and after hearing the affected parties,

Patna High Court CWJC No.14960 of 2023(2) dt.30-04-2024 3/3 forthwith.

5.

The writ petition stands disposed off on the aforesaid terms.

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