Harihar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13078 of 2018 ====================================================== Harihar Prasad, son of Late Dwarika Prasad, resident of Village-Misrauliya, P.S. Majhagarh, District-Gopalganj.

... ... Petitioner/s

Versus

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

2. The District Magistrate-cum-Collector, Gopalganj.

3. The Sub Divisional Officer, Gopalganj.

4. The Anchal Adhikari, Majhagarh Anchal, District-Gopalganj.

5. Shivji Mahto, son of Late Bhola Mahto, resident of Village-Misrauliya, P.S.-Majhagarh, District-Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Md. Anisur Rahman For the Respondents : Mr. Rishi Raj Sinha - Sc-19 Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-09-2018 By way of this petition, the petitioner has prayed for an appropriate writ/direction/order directing the respondents to remove encroachment made by respondent no. 5 from the land pertaining to Khata No. 85 and Khesra No. 252 situated in Village - Misrauleya, P.S. - Majhagarh, District - Gopalganj.

Patna High Court CWJC No.13078 of 2018 dt.12-09-2018 2/3 A supplementary counter affidavit is filed by the respondent no. 4, Circle Officer, Majhagarh, Gopalganj in which it is specifically stated and admitted that the respondent no. 5 has made encroachment on the public land. He has stated that final order under the provisions of the Bihar Land Encroachment Act under sub-section-2 of Section 6 of the Act shall be passed after giving an opportunity to all concerned including the respondent no. 5 and thereafter further steps shall be taken in case the final order is passed against the respondent no. 5 and the same is not implemented by the respondent no. 5.

In view of the above, we dispose of the present petition by directing the respondent no. 4 to pass a final order under the provisions of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks from today, however, after giving an opportunity to all concerned, including respondent no. 5, and in case thereafter any order is passed in the encroachment case and the same is not implemented and complied with the

Patna High Court CWJC No.13078 of 2018 dt.12-09-2018 3/3 Circle Officer to take further steps to remove the encroachment, however after following due procedure, as required. However, the aforesaid exercise shall be completed within a period of six weeks from today. With the aforesaid, the present petition is disposed of.

(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.09.2018 Transmission Date 17.09.2018