Shishir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.262 of 2023 ====================================================== Shishir Kumar Singh S/o Shiv Narayan Prasad Singh @ Shivendra Kishore Singh R/o Vill. Mubarakpur @ Telghi, P.O. Telghi, P.S. Kharik Bazar, Subdivision-Naughachia, Dist.-Bhagalpur. at Present residing at Sadanandpur Khoti, Kali Astahn, P.S. Town, Dist. Begusarai-851101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Begusarai, Bihar, 2.

The Sub Divisional Officer, Ballia, Begusarai, Bihar. 3.

The Circle Officer, Ballia, Begusarai, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanket, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "To issue appropriate writ(s), order(s), direction(s) in the nature of Mandamus directing the respondent authorities to remove encroachment from Gair Mazarua land (Rasta) pertaining to Mauza- Nurjumapur;

Anchal- Balia; Survey Road S. P. No. 519 by the boundary Raiyats of the aforesaid road, pursuant the complaint dated 18.09.2018 (Annexure-P/2) for removal of encroachment to spondent No. 3."

2.

At the outset, the learned counsel for the respondent-State has submitted that encroachment proceedings,

Patna High Court CWJC No.262 of 2023(2) dt.18-09-2023 2/2 vide Encroachment Case No.02 of 2022-23, has already been initiated and the same would also be concluded, within a stipulated time frame.

3.

In view of the aforesaid, the learned counsel for the petitioner submits that the Circle Officer, Ballia, DistrictBegusarai be directed to conclude the proceedings of the aforesaid Encroachment Case No.02 of 2022-23 expeditiously. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Ballia, to dispose of the aforesaid Encroachment Case No.02 of 2022-23, by passing a final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in case the same has not already been disposed off, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U