Nand Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1013 of 2024 ====================================================== Nand Lal Prasad Son of Late Ram Chalitar Prasad, resident of Village - Semra Hatt, P.S. - Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, East Champaran. 2.

The Circle Officer, Banjariya, East Champaran. 3.

The Sub Divisional Officer, Banjariya, East Champaran. 4.

The Superintendent of Police, East Champaran. 5.

The Station House Officer, Turkauliya, East Champaran. 6.

Pradip Sah, Son of Ramashankar Sah, resident of village - Semra Halt, P.S. - Turkaulia, District - East Champaran.

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

For the Petitioner/s :

Mr.Ravi Raj, Adv.

For the Respondent/s :

Mr.Birju Pd. GP-13 Mrs.Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ application has been filed by above named petitioner seeking appropriate writ, order or direction against the respondent authorities for removal of encroachment made on the land of the State Government which a public road within khesra number 570. by the private respondent situated at Village Semra Hatt P.S.- Turkauliya in the district of last Champaran which has been established by the private respondents in a most illegal manner and which subsists even today even after an order of removal of encroachment passed against the private

Patna High Court CWJC No.1013 of 2024(2) dt.29-04-2024 2/2 respondents by the Circle Office,. Banjariya on the basis of inspection report submitted by the Anchal Amin."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Banjariya, DistrictEast Champaran, to conclude the proceedings of the pending Encroachment Case No. 3 of 2020-21.

3. Having regard to the prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Banjariya, District-East Champaran, to conclude the proceedings of the aforesaid Encroachment Case No. 3 of 2020-21, 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 6 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) sonal/- U