Laldhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18617 of 2023 ====================================================== Laldhar Yadav son of Late Nandu Yadav, resident of Village-Jamunia (Chandaraha Rupwaliya), Police Station-Bathwariya, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, West Champaran at Bettiah. 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Superintendent of Police, Bagaha Police District at Bagaha. 4.

The Sub-Divisional Officer, Bagaha, District-West Champaran. 5.

The Circle Officer, Bagaha-1, District-West Champaran. 6.

The S.H.O. Police Station, Bathwariya, District-West Champaran. 7.

Daroga Yadav, son of Jamdar Yadav, resident of Village-Jamuniya, Ward No. 17, Police Station-Bathwariya, District-West Champaran. 8.

Nagina Yadav, son of Late Munir Yadav, resident of Village-Jamuniya, Ward No. 17, Police Station-Bathwariya, District-West Champaran. 9.

Jayprakash Yadav, son of Late Jagarnath Yadav, resident of VillageJamuniya, Ward No. 17, Police Station-Bathwariya, District-West Champaran.

10.

Nandlal Yadav, son of Nakchhed Yadav, resident of Village-Jamuniya, Ward No. 17, Police Station-Bathwariya, District-West Champaran. 11.

Bhikhari Yadav, son of Bandhu Yadav, resident of Village-Jamuniya, Ward No. 17, Police Station-Bathwariya, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prerna Anand, Adv.

For the Respondent/s :

Mr.Standing Counsel 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2024 Though the present writ petition has been filed for removal of encroachment from Government land, situated at Mauja Jamunia, Anchal-Bagaha-1, District-West Champaran at Bettiah, appertaining to Khata No. 119, Khesra No. 156, by implementing the final order, passed by the Circle Officer,

Patna High Court CWJC No.18617 of 2023(4) dt.23-09-2024 2/2 Bagaha-1, District-West Champaran, in Encroachment Case No. 5 of 2021-22, however, it is submitted by the Ld. Counsel for the Respondent-State that the encroachment in question has already stood removed.

2.

At this juncture, the learned counsel for the petitioner submits that though it is true that the encroachment was removed, however, the same has resurfaced, hence, appropriate directions be issued for the purposes of removal of the same. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, West Champaran at Bettiah, to ensure enforcement of the final order, passed by the Circle Officer, Bagaha-1, District-West Champaran, in Encroachment Case No. 5 of 2021-22 and in case, he finds that the encroachment in question has resurfaced, it will be his responsibility to get the same removed within a period of four weeks of receipt / production of a copy of this order, by taking recourse to the due process of law. 4.

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

(Mohit Kumar Shah, J) Ajay/- U