Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17855 of 2023 ====================================================== Vikash Kumar Son of Ram Bilas Yadav, Resident of Village - Bhawanandpur, P.O. Panapur, P.S. - Birpur, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Begusarai.

3.

The Sub-Divisional Officer, Begusarai Sadar.

4.

The Circle Officer, Birpur, Begusarai.

5.

The Officer-in-Charge, Birpur Police Station, Begusarai. 6.

Jitendra Paswan, Son of Ram Bhajan Paswan, Resident of Village - Bhawanandpur, P.O. Panapur, P.S. Birpur, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nawal Kishor Singh, AC to GP- 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2024 The present writ petition has been filed seeking the following reliefs:- "1.I. For a direction to the respondents to conclude the proceeding of Encroachment Case No.08/2022-23 pending before Circle Officer, Birpur, Begusarai and stop the construction made by the Respondent No.6.

II. For a direction to remove the encroachment from the Government land encroached by the Respondent No. 6 closing Aam Rasta of the villagers."

Patna High Court CWJC No.17855 of 2023(2) dt.14-05-2024 2/3 2.

At the outset, the learned counsel for the petitioner seeks a direction upon the respondent no. 4 i.e. the Circle Officer, Birpur, DistrictBegusarai, to conclude the proceedings of the pending Encroachment Case No. 8 of 2022-23.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed off within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Birpur, DistrictBegusarai, to conclude the proceedings of the aforesaid Encroachment Case No. 8 of 2022-23, in case the same is still pending, 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.

5.

The writ petition stands disposed off on

Patna High Court CWJC No.17855 of 2023(2) dt.14-05-2024 3/3 the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U