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Patna High CourtCWJC/24974/2019disposed

Ashok Saw v. The State Of Bihar

2022-09-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24974 of 2019 ====================================================== Ashok Saw Son of Bhagwan Saw Resident of Village Pachrukhi Kothi, P.S. Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Nawada.

3.

The Collector cum IInd Appellate Authority (Public Claim Redressal Officer), Nawada.

4.

The Sub-Divisional Officer, Rajauli, Nawada.

5.

The Circle Officer, Akbarpur Nawada.

6.

Sitaram Saw Son of Late Dasrath Saw Resident of Village- Pachrukhi Kothi, P.S.- Akbarpur, District- Nawada.

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Respondent/s :

Mr.Sajid Salim Khan ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2022 Though the present writ petition was filed for removal of the encroachment by the Circle Officer, Akbarpur, Nawada i.e. the Respondent No. 5, however, the learned counsel appearing for the Respondent-State has filed a counter affidavit and submitted that encroachment proceedings have already been initiated vide Encroachment Case No. 1/2019-2020 and the same shall be taken to its logical conclusion forthwith.

Having regard to the facts and

Patna High Court CWJC No.24974 of 2019(3) dt.21-09-2022 2/2 circumstances of the case, I deem it fit and proper to dispose of the present writ petition with a direction to the Respondent No. 5 to complete the proceedings of the aforesaid Encroachment Case No. 1/2019-2020, 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 twelve weeks of receipt / production of a copy of this order.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U