Lalan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18766 of 2024 ====================================================== Lalan Choubey son of Kapildev Choubey, resident of Village-Narwar, P.S.- Dinara, District-Rohtas.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Circle Officer, Kochas, Rohtas at Sasaram. 4.

The Officer in Charge, Dinara Police Station, District Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Adv.

For the State :

Mr. Nalin Vilochan Tiwary, AC to GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2024 At the outset, the learned counsel for the petitioner seeks permission to make correction in the depiction of Respondent No. 3. Permission, so sought, is granted. Needful be done during the course of the day.

2.

Though the present writ petition has been filed for removing the encroachment made over the land, appertaining to Khata No. 339, Plot No. 2340, situated at Mauza-Narwar, Thana No. 138, Circle-Kochas, District-Rohtas at Sasaram, however, at the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Kochas, District- Rohtas at Sasaram, i.e. the Respondent No. 3, to conclude the encroachment proceedings, initiated by him, vide Encroachment

Patna High Court CWJC No.18766 of 2024(2) dt.10-12-2024 2/2 Case No. 5 of 2024-25.

3.

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. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 3 to conclude the proceeding of the aforesaid Encroachment Case No. 5 of 2024-25, 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. 5.

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

(Mohit Kumar Shah, J) Ajay/- U