Anis Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18601 of 2024 ====================================================== Anis Alam Son of Shekh Mehadi Hasan Resident of Village- Koraiya Ward No 04 Near Masjid P.S.- Turkauliya District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secreary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector, East Champaran at Motihari.

4.

The Superintendent of Police, East Champaran at Motihari. 5.

The Sub-Divisional Officer, Turkauliya East Champaran. 6.

The Assistant Engineer, Path Lower Division, Motihari, District-East Champaran.

7.

The Circle Officer, Turkauliya Circle, East Champaran. 8.

The S.H.O., Turkauliya Police Station, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2024 Though the present writ petition has been filed for directing the Respondent authorities to remove the encroachment made over the public land / road, appertaining to Khata No. 597, Khesra No. 1351, situated at Mauza-Turkauliya, Thana No. 100, District- East Champaran at Motihari, however, at the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Turkauliya, District-East Champaran at Motihari, i.e. the Respondent No. 7, to conclude the proceedings of the encroachment case, initiated by him,

Patna High Court CWJC No.18601 of 2024(2) dt.09-12-2024 2/2 bearing Encroachment case No. 4 of 2023-24.

2.

Per contra, the learned counsel for the Respondent-State submits that in case, the aforesaid encroachment proceedings have not been concluded, the same would definitely be concluded, by passing the final order, within a fixed time frame. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 7 to conclude the proceedings of the aforesaid Encroachment Case No. 4 of 2023-24, if the same has not already been concluded, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, 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. 4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U