Ram Tapasya Singh @ Phago Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16783 of 2023 ====================================================== Ram Tapasya Singh @ Phago Singh S/o Late Shiv Darshan Singh Village and Post- Mahuli, P.S.- Ara Muffasil, District- Bhojpur, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Ara, Bhojpur, Bihar. 3.

The Additional Collector, Ara, Bhojpur.

4.

The Sub- Divisional Officer, Ara.

5.

The District Public Grievances Reddreasal Officer, Ara, Bhojpur. 6.

The Circle Officer, Ara, Bhojpur.

7.

The Revenue Karmchari, Ara, Bhojpur.

8.

The Anchal Amin, Circle Officer, Ara.

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2024 The present writ petition has been filed seeking the following relief:- "1. That this application for direction or directions, order or orders by way of an appropriate writ or writs, preferably in the nature of Mandamus, commanding and directing the respondents no. 1, 4, and 6 to remove encroachment from the Government Land in light of report submitted by respondent no.

8 (Anchal Amin) in Encroachment

Patna High Court CWJC No.16783 of 2023(2) dt.14-05-2024 2/3 Case No.02/23-24 therein order has also been passed by first appellate authority, Additional Collector, and second appellate authority, Collector, Ara, Bhojpur, in Mahuli, Panchayat under Bhojpur district, government land has been encroached by the miscreants in collusion with some other villagers.

Further, directing the respondents no. 4 and 6 to restrain miscreants for obstructing common pathway (aam rasta) as well as abide by the order passed by the second appellate authority and remove encroachment from government land in Mahuli Panchayat under Bhojpur District."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the respondent no. 6 i.e. the Circle Officer, Ara, District-Bhojpur, to conclude the proceedings of the pending Encroachment Case No. 2 of 2023-24.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed off within a stipulated time frame, as is fixed by this Court.

Patna High Court CWJC No.16783 of 2023(2) dt.14-05-2024 3/3 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Ara, District-Bhojpur to conclude the proceedings of the aforesaid Encroachment Case No. 2 of 2023-24, in case the same is still pending, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the affected parties, 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) S.Sb/- U