Vijay Kant Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16295 of 2024 ====================================================== Vijay Kant Kashyap S/o- Chanda Govind Ram, resident of villageMakhdumpur, Dumra, P.O.- Badka, Dumra, P.S.- Ara (Muffasil) DistBhojpur (Ara) Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum Collector, Bhojpur (Ara). 3.

The Additional Collector, Bhojpur (Ara) 4.

The Land Reforms Deputy Collector, Ara Sadar, Bhojpur. 5.

The Sub Divisional Magistrate Ara (Sadar) 6.

The Anchal Adhikari, Ara (Sadar), Dist- Bhojpur. 7.

The S.H.O. Ara (Muffasil) District- Bhojpur.

8.

Shyam Sundar Prasad S/o-Late Shiv Jatan Prasad, resident of VillMakhdumpur, Dumra, P.O.- Badaka Dumra, P.S- Ara (Mufasil) DistBhojpur. 9.

Ram Kisun Das S/o- Late Pahari Ram resident of Vill- Makhdumpur, Dumra, P.O.- Badaka Dumra, P.S- Ara (Mufasil) Dist- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanesh Shankar Vidyarthi, Advocate For the State :

Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2024 Though the present writ petition has been filed for removal of encroachment from the land, appertaining to Khata No.508, Khesra No.1500, situated at Mauza-Makhdumpur Dhumra, Thana No.265, Circle-Ara Sadar, District-Bhojpur, however, at the outset, the learned counsel for the respondents has submitted, by referring to the counter affidavit filed in the present case that admittedly, the encroachment has been made

Patna High Court CWJC No.16295 of 2024(4) dt.10-12-2024 2/2 by the encroachers and the same would definitely be removed by taking recourse to the due process of law and complying with the provisions contained in the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956").

2. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Ara Sadar, District-Bhojpur to initiate appropriate proceedings under the provisions of the Act, 1956 within a period of four weeks from today, whereafter he shall issue notices to the encroachers, consider their show-cause reply, if any, in accordance with law, and pass the final order under Section 6(1) of the Act, 1956, within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) kanchan/- U