Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2565 of 2022 In Civil Writ Jurisdiction Case No.18541 of 2021 ====================================================== Rakesh Kumar Son of Bimalender Singh Resident of Village- Korra, P.O.- Faridpur, P.S.- Janipur, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Addl. Collector, District- Patna.

4.

The Sub Divisional Officer, Patna Sadar, District Patna. 5.

The C.O. Phulwarisharif Anchal, District- Patna, Kumar Kundan Lal 6.

The Circle Inspector, Phulwarisharif Anchal, District Patna. 7.

The Halka Karmachari, Mauza- Korra, P.S. Janipur, Anchal Phulwarisharif, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shovendra Kumar, Adv.

For the Opposite Party/s :

Mr.Rishi Raj Sinha, SC-19 Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2024

1. In order to show compliance of the order of this Court dated 03.11.2022, passed in C.W.J.C. No.18541 of 2021, though the contemnors have filed a supplementary show-cause on behalf of the opposite parties no.2 to 6, however, the same is not on record, nonetheless, a photocopy of the same has been furnished to the Court, which is taken on record.

2. It is submitted that the Circle Officer, Phulwarisharif, Patna had initiated a fresh encroachment proceeding vide Encroachment Case No.4 of 2023-24, wherein

Patna High Court MJC No.2565 of 2022(4) dt.19-01-2024 2/2 the final order under section 6(1) of the Bihar Public Land Encroachment Act, 1956, has been passed on 20.12.2023 and thereafter, the encroachment in question has been removed on 08.01.2024.

3. Per contra, the learned counsel for the petitioner submits that though some encroachment has been removed, however, the encroachment in question has not been cleared fully, hence the petitioner be granted liberty to agitate his subsisting grievances, in accordance with law. Liberty so sought is granted.

4. The petition stands disposed off as not pressed. (Mohit Kumar Shah, J) sonal/- U