Krishna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15578 of 2023 ====================================================== Krishna Kumar Yadav Son of Adalat Yadav Resident of Harnarayan Chapra, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Commissioner, Saran Division, Saran.

4.

The District Magistrate, Saran.

5.

The Sub- Divisional Officer, Sadar, Saran.

6.

The Deputy Collector of Land Reform, Sadar, Saran. 7.

The Circle Officer, Manjhi, Saran.

8.

Madan Yadav, Son of Late Ram Bihari Rai Resident of Harnarayan Chapra (Ward No. 10), P.S.- Manjhi, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for a direction to the Respondents authority to remove immediately the encroachment from the Public Road situated in the Plot no. 5525 and 5537, Khata No.1927 which are under the Manjhi Mauza of Thana No.-215, AnchalManjhi of Saran District, because the respondent No.- 8, has been declared

Patna High Court CWJC No.15578 of 2023(2) dt.07-05-2024 2/3 "Encroacher" of this part of public road in Encroachment Case no- 64 of 2019-20, on 20.07.2022 by the Circle Officer, Manjhi, Saran, and Respondent no. 9, has also admitted this encroachment upon the Public Road."

2.

At the outset, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case that an appeal has been filed by the encroachers on 30.08.2022, before the learned court of Collector, Saran, which has been numbered as Encroachment Appeal Case No.06 of 2022 (Madan Yadav vs. the State of Bihar) and the same is pending adjudication.

3.

At this juncture, the learned counsel for the petitioner submits that the proceedings of the aforesaid appeal be expedited and the Collector, Saran be directed to dispose off the same, within a stipulated time frame.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Collector, Saran to dispose off the

Patna High Court CWJC No.15578 of 2023(2) dt.07-05-2024 3/3 aforesaid encroachment appeal by passing a reasoned and a speaking order, in accordance with law, within a period of eight weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U