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Patna High CourtCWJC/1341/2024disposed

Pundev Yadav @ Kundeshwar Yadav v. The State Of Bihar

2024-04-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1341 of 2024 ====================================================== Pundev Yadav @ Kundeshwar Yadav Son of Jokhan Yadav, Resident of Village- Yadopur, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector cum District Magistrate, East Champaran, Motihari. 3.

The Additional Collector, East Champaran, Motihari. 4.

The Sub-Divisional Officer, Areraj, District- East Champaran, Motihari. 5.

The Anchal Adhikari, Harsidhi Anchl, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For the Respondent/s :

Smt. Anuradha Singh, SC-21 Mr. Kumar Samarjeet Singh, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of a direction to the Respondents to remove encroachment from Plot No.1749, Khata No.270 of village Yadopur, Thana No.118 under Harsidhi Anchal of the District East Champaran which is a public road."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Harsidhi, District-East Champaran, Motihari, to dispose off the pending Encroachment Case No. 9

Patna High Court CWJC No.1341 of 2024(2) dt.29-04-2024 2/2 of 2023-24.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed off within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Harsidhi, District-East Champaran, Motihari to dispose off the aforesaid Land Encroachment Case No. 9 of 2023-24, in case the same is still pending, 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 eight 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) S.Sb/- U