Lalan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18353 of 2023 ====================================================== Lalan Ram S/o Late Sipahi Ram, Resident of Village- Nonahar, Police Station- Suryapura, District- Rohtas, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, State of Bihar. 2.

The District Magistrate, Rohtas.

3.

Sub Divisional Officer, Bikramganj, District- Rohtas. 4.

The Circle Officer, Bikramganj, District- Rohtas. 5.

Ram Suchit Chaudhary, S/o Late Parikh Chaudhary, Resident of VillageNonahar, Police Station- Suryapura, District- Rohtas, Bihar. 6.

Ayodhya Mali, S/o Late Vishwanath Mali, Resident of Village- Nonahar, Police Station- Suryapura, District- Rohtas, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.S.D. Yadav, AAG-9 Mr.Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. For demarcation and removal of encroachment made by Respondent No 5 i.e Ram Suchit Chaudhary S/o Late Parikh Chaudhary and Respondent No 6 i.e Ayodhya Mali S/o Late Vishwanath Mali in front of their house over "Aam Rasta" bearing Khata number 878, Khesra Number 2176 Mauza-Nonahar, Anchal Bikramganj, District Rohtash recorded Raiyat as "Anavad Sarv Sadharan "which is recorded as such in the record of rights as "Aam Rasta" of the village after initiating

Patna High Court CWJC No.18353 of 2023(3) dt.04-09-2024 2/2 encroachment proceeding under the Bihar Public Land Encroachment Act over abovementioned encroached land."

2. At the outset, the learned counsel for the respondentState submits that the Circle Officer, Bikramganj, DistrictRohtas has already initiated encroachment proceeding, vide Encroachment Case No.07 of 2023-24.

3. At this juncture, the learned counsel for the petitioner submits that the aforesaid encroachment proceeding be directed to be concluded, expeditiously.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Bikramganj, District- Rohtas to conclude the proceedings of the aforesaid Encroachment Case No.07 of 2023-24, 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 the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U