Mithilesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17666 of 2024 ====================================================== Mithilesh Prasad Singh S/o- Shyam Nandan Prasad Singh Resident of Village- Bishanpur, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Rural Work Department, Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Sub- Divisional Officer, Benipatti, Madhubani. 4.

The Anchaladhikari, Madhwapur, Madhubani.

5.

The Anchal Nirikshak, Madhwapur, Madhubani.

6.

The Mukhiya, Gram Panchyayati Raj, Bishanpur, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-11-2024 Though the present writ petition has been filed for directing the respondents for removal of encroachment made over the public road, situated at Mauza-Vishunpur, CircleMadhwapur, District-Madhubani, appertaining to Plots No.570, 2815 and 2816, however, at the outset, the learned counsel for the petitioner submits that the Circle Officer, Madhwapur has already initiated encroachment proceedings, vide Encroachment Case No.01 of 2016-17, hence the same be directed to be concluded at the earliest.

2.

The learned counsel for the respondent-State submits that

Patna High Court CWJC No.17666 of 2024(2) dt.26-11-2024 2/2 in case the aforesaid encroachment case has not been taken to its logical conclusion, the same would definitely be concluded, within a stipulated time frame, as is fixed by this Court. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Madhwapur to conclude the proceedings of the aforesaid Encroachment Case No.01 of 2016-17, in case the same have not already been concluded, 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. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U