Dinesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19705 of 2024 ====================================================== Dinesh Prasad Yadav Son of Sakal Dev Roy Resident of Village- Hasanpur, Police Station- Pipra, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

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

The Collector, East Champaran at Motihari.

3.

The Deputy Collector Land Reforms, Chakia East Champaran. 4.

The Circle Officer, Circle Office Chakia, East Champaran. 5.

Jogi Mukhiya Son of Late Dhenuki Mukhiya Resident of VillageKunwarpur, Police Station- Pipra, District- East Champaran. 6.

Satendra Mukhiya Son of Gulee Mukhiya Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. 7.

Umesh Mukhiya Son of Jamun Mukhiya Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. 8.

Devilal Mukhiya Son of Srawan Mukhiya Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. 9.

Shailendra Mukhiya Son of Paras Mukhiya Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. 10.

Ramdev Ray Son of Janak Ray Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran.

11.

Suresh Ray Son of Ramdeni Ray Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran.

12.

Ramphal Ray Son of Shivnandan Ray Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran. 13.

Naresh Ray Son of Vibhishan Ray Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran.

14.

Ramdev Ray Son of Santoshi Ray Resident of Village- Kunwarpur, Police Station- Pipra, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Government Advocate 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2025 The limited prayer made by the petitioner in the

Patna High Court CWJC No.19705 of 2024(2) dt.07-01-2025 2/2 present case is to direct the Circle Officer, Chakia, District-East Champaran i.e. the respondent no. 4 to implement the final order dated 04.07.2023 passed by him under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 09 of 2022-23.

2.

Per contra, the learned counsel for the respondentState submits that in case there is no other legal impediment, the aforesaid order dated 04.07.2023 shall definitely be enforced in its true letter and spirit.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the respondent no. 4 to ensure compliance of his own order dated 04.07.2023 passed in connection with Encroachment Case No. 09 of 222-23, in case there is no other legal impediment and if the same has not been annulled by any higher forum/Court of law, by taking recourse to the due process of law, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

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