Md. Matloob Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.706 of 2023 ====================================================== Md. Matloob Khan Son of Mukhtar Khan R/o Vill. and P.O.- Dhangawaan, Ward No.- 3, P.S. and Distt.- Jehanabad, Pin- 804417. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 2.

The Collector-cum- IInd Appellate Authority, Jehanabad. 3.

The Additional Collector-cum- Ist Appellate Authority, Jehanabad. 4.

The SDO- cum- Public Grievances Redressal Authority, Jehanabad. 5.

The Circle Officer, Jehanabad.

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari,Adv.

Mr.Pawan Kumar Verma,Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 Mr. Ebadur Rahman Shakeb, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ of mandamus or other appropriate writ(s), order(s), or direction(s) commanding the respondents to remove encroachment from public land bearing plots no. 1544, 1552, 1555, & 1556 of which the description to be followed in the ensuing paragraphs and as the same has been the impediment in smooth and free movement of thoroughfare including the petitioner."

At the outset, the learned counsel for the

Patna High Court CWJC No.706 of 2023(3) dt.20-03-2023 2/2 respondent-State seeks to file a counter affidavit, which is taken on record.

The learned counsel for the State has referred to the counter affidavit filed in the present case and has submitted that substantial portion of the illegal encroachment, made by the encroachers have already been removed and photographs to the said effect have been enclosed therein. It is also submitted that the Encroachment Case No. 10 of 2021-22, which is still pending before the Circle Officer, Jahanabad, is being taken up for hearing in its right earnest and it is assured that the Circle Officer, Jahanabad, shall pass the final order under Section 6(1) of the Bihar Public Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks from today.

It is directed accordingly.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/sonalU