Bijendra Kumar Singh @ Vijendra Kumar Sinh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25275 of 2019 ====================================================== Bijendra Kumar Singh @ Vijendra Kumar Sinh Son of Naval Singh@ Naval Sinh, Resident of Village- Fadarpur (Makhara), P.S. Daudnagar, DistrictAurangabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Aurangabad. 2.

The District Collector-Cum-2ndn Appellate Authority, Aurangabad. 3.

The Additional Collector -Cum- First Appellate Authority, Aurangabad. 4.

The Sub- Divisional Officer-Cum-Public Grievance Redressal Cell, Daudnagar, Aurangabad.

5.

The Sub- Divisional Magistrate, Daudnagar, Aurangabad. 6.

The Circle Officer, Daudnagar, Aurangabad.

7.

The Officer In- Charge, Daudnagar Police Station, Aurangabad. 8.

Surendra Singh, Son of Dineshwar Singh, Resident of Village- Fadarpur, P.S. Daudnagar, District- Aurangabad.

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) Mrs. Archana Prasad AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2020 The petitioner has the sole grievance that the Circle Officer is not concluding a proceeding initiated for removal of encroachment from a public land, despite the notices have already been issued in 2018 and despite the observation in the Order dated 28.01.2019 passed in CWJC No. 1420 of 2019, which reads as under:- "The petitioner is directed to appear on 15.02.2019 at 11.30 A.M. in the

Patna High Court CWJC No.25275 of 2019(2) dt.22-01-2020 2/2 office of the respondent no.5. The Anchal Adhikari. Daudnagar, Aurangabad, in compliance of Section 4 of the Act. No fresh notice under Section 3 of the Act will be required as the proceeding under the Bihar Public Land Encroachment act is much within the knowledge of the petitioner. The respondent No.5 the Anchal Adhikari, Daudnagar, Aurganbad, shall fix the date of hearing in compliance of Section 5 of the Act issuing notice to all concerned parties and after giving opportunity of hearing shall pass an appropriate order under Section 6 of the Act within a period of three months from the date of appearance i.e., 15.02.2019."

Let the Circle Officer, take a final decision, if a decision has already been not taken, in the light of observation of this Court as quoted above, within two months from the date of receipt/production of a copy of this order, failing which the Court will have no other option but to proceed against the Circle Officer by initiating action against him under the Contempt of Court's Act.

This application stands disposed of.

arun/Akash- (Chakradhari Sharan Singh, J) U