In a writ petition seeking removal of encroachment on public land and disposal of pending case, the Patna High Court directed the Circle Officer to consider the petitioner's request within six months after due hearing.
Direction to Circle Officer to consider petitioner's request expeditiously within six months after hearing all concerned.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3120 of 2020
======================================================
Umesh Kumar Yadav S/o Shivmurat Yadav R/o Vill- Antdih, Post Baraura Antdih, P.S. and Dist- Kaimur (Bihar).
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Uma Shankar Sharma, Adv. For the Respondent/s : Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 25-02-2020 Petitioner has prayed for the following relief/s:
“(i) For issuance of mandamus against the respondents concerned to remove the encroachment by the Opposite Party No.6 from the Public Land Pertaining Mauza Antdih, Thana No.232, Khata No.82, Khesra No.114, Arazi 0.05 decimal, nature as per Khatiyan Anabad Bihar Sarkar.
(ii) For direction upon the authority/respondent concerned to dispose of the case being encroachment case no.02/2018-19 pending
Patna High Court CWJC No.3120 of 2020(3) dt.25-02-2020 2/2
before the court of Ld. Circle Officer, Mohaniya Kaimur.
(iii) For direction upon the respondent concerned to ensure that the land in question is again not re-encroached upon by either the respondent no.6 or any body else.”
It is brought to our notice that, now the matter is pending with Circle Officer, Ramgarh under the provisions of Bihar Public Land Encroachment Act.
Learned counsel for the petitioner states that the petitioner shall be content if a direction is issued to the said Officer to consider and decide the request of the petitioner.
We only hope and expect that as and when any such request is made, the authorities shall consider the same expeditiously and with reasonable dispatch, within a period of six months.
Needless to add, such order shall be passed after hearing all concerned and in accordance with law.
Petition is accordingly disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
pallavi/-
U
1 issue framed by the court
Whether a direction should be issued to the Circle Officer to dispose of the encroachment case expeditiously.
1 provisions across 1 enactments
Umesh Kumar Yadav
The State of Bihar
The Collector/District Magistrate, Kaimur
The S.P., Kaimur District
The Sub Divisional Public Grievances Redressal Officer, Mohania
The Circle Officer, Ramgarh
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
