Dinanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18434 of 2023 ====================================================== Dinanath Singh Son of Late Guru Prasad Singh, resident of VillageBishunpura, P.S. Imadpur, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Bhojpur, Ara. 2.

The Collector, Bhojpur, Ara.

3.

The S.D.O. Sub-Division-Piro, P.S. Piro, District Bhojpur. 4.

The Circle Officer, Block-Tarari, P.S. Tarari, District Bhojpur. 5.

Neeraj Singh, son of Ram Naresh Singh, resident of Village-Bishunpura, P.S. Imadpur, District-Bhojpur.

6.

Om Prakash Singh, son of Nand Kumar Singh, resident of VillageBishunpura, P.S. Imadpur, District-Bhojpur. 7.

Parshuram Singh, son of Late Mahadev Singh, resident of VillageBishunpura, P.S. Imadpur, District-Bhojpur. 8.

Dev Muni Singh, resident of Village-Bishunpura, P.S. Imadpur, DistrictBhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar Ray, Advocate For the Respondent/s :

Mr.Anjani Kumar ( Aag 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this an application for issuance of a writ/rule or direction to the respondents authorities to get removed the encroachment made by the private respondents i.e. 5 to 8 from public land bearing Khata No.564, Plot No.585, Plot No.397, Plot No.387, Plot No.368, Plot No.170, Plot No. 354 situated under MauzaBishunpura, which were recorded in the name of state of Bihar and the aforesaid lands are/were used as Aahar (Flow of water for agriculture)

Patna High Court CWJC No.18434 of 2023(2) dt.21-06-2024 2/2 and some of the plots were/are used as Rasta for the villagers but due to encroachment made by the private respondents, the villagers are facing troubles, and in spite of application given to the respondents authorities no action has been taken by them."

2. At the outset, the learned counsel for the respondentState submits that encroachment proceedings have already been initiated by the Circle Officer, Tarari, District Bhojpur, bearing Encroachment Case No.01 of 2024-25 and 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, Tarari, District-Bhojpur to conclude the aforesaid encroachment proceedings 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) Saurav/- U