Shyam Kishore Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18547 of 2023 ====================================================== Shyam Kishore Ray Son of Late Ram Kishun Ray Resident of Village- Tedha, P.O.- Masina, P.S.- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through the Collector, Samastipur. 2.

The Collector, Samastipur.

3.

The Additional Collector, Samastipur.

4.

The Sub-Divisional Officer Sadar, Samastipur. 5.

The Circle Officer, Khanpur Block, District Samastipur. 6.

The Superintendent of Police, Samastipur.

7.

The Station House Officer (S.H.O.), Khanpur, District Samastipur. 8.

Sri Amrenda Kumar Ray @ Adm son of Pawan Kumar Ray, resident of village Tedha, Post Masina, P.S. Khanpur, District Samastipur, presently UpPramukh of Khanpur Block, District Samastipur. 9.

The Headmaster, Newly Constructed (Navsirijit) Primary School, Yadav Tola, Tedha, P.O. Masina, P.S.- Khanpur, District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yatindra Narayan, Advocate For the Respondent/s :

Mr.Ramadhar Singh, GP-25 For Respondent No.8 :

Mr.Vijay Anand, Advocate Mr.Roop Kishan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for removal of encroachment upon the land appertaining to Thana No. 222, Khata No. 996 (New), Khesra No. 2759 and 2760 (New), Mauza-Purushotampur, in which 70 feet land of the Road has been encroached at the instance of private Respondent No.8, by constructing boundary wall upon the aforesaid government

Patna High Court CWJC No.18547 of 2023(3) dt.03-09-2024 2/2 land and obstructing the ingress and egress of the petitioner with connivance of Respondent No. 5 i.e. C.O. Khanpur, misusing the Government money."

2. At the outset, the learned counsel for the respondent-State submits that the Circle Officer, Khanpur Block, District-Samastipur, has already initiated encroachment proceedings, bearing Encroachment Case No.01 of 2024-25 and the same would definitely be concluded, within a specified time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit to direct the Circle Officer, Khanpur Block, District-Samastipur to conclude the proceeding of the aforesaid Encroachment Case No.01 of 2024-25 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