Vikesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1145 of 2024 ====================================================== Vikesh Kumar Singh son of Late Jagar Nath Singh, resident of Village Asha Bigha, P.O. Bhadwa Bazar, P.S. Rafiganj, District Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Aurangabad (Bihar). 3.

The Circle Officer, Circle Rafiganj, District Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Adv.

Mr.Amaresh Kr. Sinha, Adv.

Mr.Vyas Kr. Mishra, Adv.

Mr.Vaibhav Narayan, Adv.

For the Respondent/s :

Mr.Standing Counsel 25 ====================================================== 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 this petition is being filed in the nature of Mandamus commanding and directing upon the respondents to remove encroachment over the Public Land though in spite of institution of Encroachment Case no. 32 of 2022-23, by the Circle Officer, Rafiganj (Aurangabad) no encroachment proceeding has been concluded, in spite of issuance of letter dated 12.5.23, no measurement has been done so far."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Rafiganj, District-

Patna High Court CWJC No.1145 of 2024(2) dt.29-04-2024 2/2 Aurangabad, to conclude the proceedings of the pending Encroachment Case No. 32 of 2022-23.

3. The learned counsel for the respondent-State submits that in case the aforesaid encroachment case is still pending adjudication, the same would definitely be disposed off within a stipulated time frame, as is fixed by this Court.

4. Having regard to the prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Rafiganj, District-Aurangabad, to conclude the proceedings of the aforesaid Encroachment Case No. 32 of 202223, 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 8 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) sonal/- U