Shashi Kumar @ Shashi Bhushan Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19617 of 2024 ====================================================== Shashi Kumar @ Shashi Bhushan Kushwaha Son of Mahesh Bhagat, resident of village and P.O.- Chitanpur, P.S.- Asaaw, District Siwan, Bihar- 841245. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna, Bihar. 2.

The District Magistrate- cum- Collector, Siwan, Bihar. 3.

The Additional Collector, Siwan.

4.

The Deputy Collector Land Reform, Siwan.

5.

The Superintendent of Police, Siwan.

6.

The S.D.O., Siwan, Bihar.

7.

The Circle Officer, Ziradei, Siwan.

8.

The S.H.O., Asaw Police Station, Siwan.

9.

Lal Babu Paswan, Son of Vishvanaath Paswan resident of village and P.O. - Chitanpur, P.S.- Asaaw, District- Siwan, Bihar - 841245. 10.

Sunil Paswan, Son of Lal Babu Paswan resident of village and P.O. - Chitanpur, P.S.- Asaaw, District- Siwan, Bihar - 841245. 11.

Bhagymani Devi, Wife of Sunil Paswan resident of village and P.O. - Chitanpur, P.S.- Asaaw, District- Siwan, Bihar - 841245. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the State :

Mr. Kumar Pandey, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2025 Though the present writ petition has been filed directing the respondent-authorities to ensure that egress and ingress to the property of the petitioner is made free of any obstruction, however, it is informed by the learned counsel for the petitioner that the Circle Officer, Ziradei, Siwan, i.e. the respondent no.7 has already initiated two encroachment proceedings bearing Encroachment Case No.4 of 2023-24 and

Patna High Court CWJC No.19617 of 2024(2) dt.07-01-2025 2/2 Encroachment Case No.5 of 2023-24, hence the Circle Officer, Ziradei be directed to dispose off the same, withing a stipulated time frame.

2. Per contra, the learned counsel for the respondentState submits that in case the aforesaid encroachment proceedings have been initiated by the Circle Officer, Ziradei, the same would definitely be concluded within a stipulated time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Ziradei to conclude the proceedings of the aforesaid Encroachment Case No.4 of 2023-24 and Encroachment Case No.5 of 2023-24, in case the same have not already been concluded, 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) kanchan/- U