Shyam Sundar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16838 of 2022 ====================================================== Shyam Sundar Yadav son of Sukdev Yadav resident of village Dumarkola, P.S. Khaira, District Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Secretary, Department of Revenue, Government of Bihar, Patna. 3.

The Commissioner, Munger.

4.

The District Magistrate, Jamui.

5.

The Sub-Divisional Officer, Jamui.

6.

The Superintendent of Police, Jamui.

7.

The Circle Officer, Khaira Block, District Jamui. 8.

The S.H.O. Khaira Police Station, District Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 09-12-2022 Petitioner has prayed for the following relief(s):- "(A) To direct the respondent authorities to remove illegal encroachment from the public Road bearing Khata No. 189, Plot No. 47, 1118, and 144 situated at Mauza Dumarkola, Thana No. 74, Area 6.99 Acre, 7.74 Acre

Patna High Court CWJC No.16838 of 2022(2) dt.09-12-2022 2/3 encroached by the local people in village Dumarkola, Police Station- Khaira, District Jamui.

(B) To direct the respondent no. 7 to disposed of Encroachment case No. 01/2017-18 immediately according to law.

(C) Any other relief or reliefs for which petitioner may be found entitled to in the fact and circumstances of the present case may be granted to him."

Learned counsel for the petitioner, under instruction, states that petitioner shall be content if a direction is issued to respondent No. 7, namely The Circle Officer, Khaira Block, District Jamui, to decide Encroachment Case No.1/2017-18, which is pending consideration before the authority. Learned counsel for the State has no objection to the same. In fact, he states that the authority shall fully cooperate and shall also render all assistance, including providing police force for removal of encroachment. Also, the hearing of the case shall be expedited.

As prayed for, petition is disposed of with the direction to the authority concerned to positively consider and decide the aforesaid case within a period of six months. Liberty reserved to take recourse to such other remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.16838 of 2022(2) dt.09-12-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/- U