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Patna High CourtCWJC/725/2024disposed

Dharmendra Chaudhari 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.725 of 2024 ====================================================== Dharmendra Chaudhari Son of Ishwar Chaudhari Resident of VillageSakuchidih, P.S.-Katri Sarai, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna. 2.

The Principal Secretary Land Reforms and Revenue Department, Govt. of Bihar, Patna.

3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Nalanda at Biharshariff. 5.

The Deputy Collector Land Reforms, Rajgir, Distirct-Nalanda. 6.

The Circle Officer, Giriyak, District-Nalanda. 7.

Chhotan Chaudhari Son of Late Ramdhani Chaudhari Resident of VillageSakunchidih, P.S.-Katrisarai Circle-Giriyak, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Respondent/s :

Mr.Sanjay Kumar, AC to GP-23 ====================================================== 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(I) For issuance of an appropriate writ directing the respondents for removal of encroachment from the land bearing Khata No.

87 plot No. 477 area 4 decimals under mauja Sakuchidih, Than No 295 P.S. Katrisarai Circle Giriyak District Nalanda in view of the order passed by the Deputy Collector Land Reforms, Rajgir District Nalanda dated 05.07.2022 in Land Dispute case No. 53/2021-22 directing the C.O. Giriyak District Nalanda to remove

Patna High Court CWJC No.725 of 2024(2) dt.29-04-2024 2/2 encroachment done by the Respondent No. 7."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Giriyak, DistrictNalanda, to dispose off the pending Encroachment Case No.03 of 2022-23.

3. Having regard to the limited prayer, made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Giriyak, District-Nalanda to conclude the proceedings of the aforesaid encroachment case 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 six 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) Saurav/- U