Vijay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16912 of 2023 ====================================================== Vijay Kumar Chaudhary Son of Late Jivachch Chaudhary Resident of Village- Jathi, Ward No. 2, Police Station- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

The Circle Officer, Block Babubarhi, District- Madhubani. 3.

Sri Ram Kripal Chaudhary, Son of Late Lal Babu Chaudhary Resident of Village- Jathi, Ward No.-2, Police Station- Babubarhi, District- Madhubani. 4.

Ghuran Chaudhary, Son of Late Nandu Chaudhary Resident of VillageJathi, Ward No.-2, Police Station- Babubarhi, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Respondent/s :

Ms. Divya Verma, AC to AAG-3 ====================================================== 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 is an application being filed for issuance of appropriate writ or writs, direction or directions, order or orders commanding the Circle Officer, Bahubarhi, District-Madhubani, to proceed in Encroachment Case No. 15/18-19 and conclude the same according to law."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the respondent no. 2 i.e. the Circle Officer, Babubarhi, District-Madhubani, to conclude the proceedings of the pending Encroachment Case No.15 of 2018-19.

Patna High Court CWJC No.16912 of 2023(2) dt.14-05-2024 2/2 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. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 2 to conclude the proceedings of the aforesaid Encroachment Case No. 15 of 2018-19, 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) Ajay/- U