Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16153 of 2023 ====================================================== Deepak Kumar Son of Late Siya Ram Ray, Resident of Village- Pharna, (Chhapra Par), P.O. - Lauhar Farna, P.S.- Barhara, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through The District Magistrate, Bhojpur, Ara. 2.

The District Magistrate-cum-Second Appellate Authority, Bhojpur, Ara. 3.

The Additional Collector (Public Grievances Redressal)-cum-First Appellate Authority, Bhojpur, Ara.

4.

The Sub-Divisional Officer (Public Grievances Redressal), Ara Sadar, Ara, Bhojpur.

5.

The Circle Officer, Block - Barhara, Ara, District - Bhojpur. 6.

The S.H.O., P.S. - Barhara, District - Bhojpur. 7.

The Revenue Karamchari, Circle- Barhara, Bhojpur. 8.

The Anchal Amin, Barhara, District - Bhojpur. 9.

Anand Kishore Ray, Son of Late Ramagya Ray, Resident of Village - Pharna, (Chhapra Par), P.O. - Lauhar Farna, P.S. - Barhara, District - Bhojpur.

10.

Kameshwar Ray, Son of Ram Ishwar Ray, Resident of Village - Pharna, (Chhapra Par), P.O.- Lauhar Farna, P.S. - Barhara, District - Bhojpur. 11.

Shashi Bhushan Ray, Son of Ram Ishwar Ray, Resident of Village Pharna, (Chhapra Par), P.O. - Lauhar Farna, P.S. - Barhara, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-06-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). Issuance of writ or writ in the nature of mandamus directing the Respondents to remove the illegal Construction / Encroachment from the Government land bearing Khata No.585, Kheshra

Patna High Court CWJC No.16153 of 2023(3) dt.25-06-2024 2/3 No. 599, Thana No.64, Mauza-Pharna, Anchal Barhara, Bhojpur which is Government Public Road (Rasta) and also from Khata No. 584, Kheshra No. 605, Thana No. 64, Mauza Pharna, Anchal-Barhara, Bhojpur which is Government Vacant land in the light of Measurement Report (Annexure -5 Series) and also in the light Order passed in Encroachment Case No. - 12 of 20222023. Further, prayer is also to remove the illegal Construction/Encroachment from Khata No.584, Kheshra No. 606, Thana No. 64, Mauza Pharna, Anchal- Barhara, Bhojpur which is a Government Ditch (Gadda).

(ii). Issuance of Writ in the nature of mandamus directing the Respondents to supply the Final Order and other relevant papers/ information of the Encroachment Case No. 12 of 2022-2023 to the Petitioner which is not being supplied by the Respondents."

2.

At the outset, the learned counsel for the Respondent-State submits that notices under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956") have been issued to the encroachers by the Respondent No. 5 i.e. the Circle Officer, Barhara, District-Bhojpur at Ara, in connection with Encroachment Case No. 12 of 2022-23 and upon receipt of their objections, the final order under Section

Patna High Court CWJC No.16153 of 2023(3) dt.25-06-2024 3/3 6(1) of the Act, 1956 shall be passed.

3.

At this juncture, the learned counsel for the petitioner seeks a direction upon the Respondent No. 5 to expedite the proceedings of the aforesaid Encroachment Case No. 12 of 2022-23.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 5 to conclude the proceedings of the aforesaid Encroachment Case No. 12 of 2022-23, by passing the final order under Section 6(1) of the Act, 1956, in accordance with law and after hearing the affected parties, within a period of eight weeks of receipt / production of a copy of this order.

5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U