The Patna High Court directed the Circle Officer Saharsa to conclude pending encroachment proceedings under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing affected parties, within twelve weeks.
Directed Respondent No. 5 to conclude encroachment proceedings and pass final order under Section 6(1) within twelve weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4054 of 2021
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... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjana Pathak For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
Though the present writ petition has been filed for removing encroachment made over public road, appertaining to Khesra No. 719, Khata No. 494, Rakba No. 0-2-10 category-Rasta-Decimal 0- 11, however, the learned counsel for the Respondent-State has submitted that an encroachment case bearing Encroachment Case No. 4/2019-2020 has already been initiated by the Circle Officer, Sattarkataiya, District-Saharsa i.e. the
Patna High Court CWJC No.4054 of 2021(2) dt.26-08-2022 2/2
Respondent No. 5, hence, it is the prayer of the petitioner that the Respondent No. 5 be directed to conclude the proceedings of the aforesaid encroachment case and remove the encroachment.
Having regard to the facts and circumstances of the case, the Respondent No. 5 is directed to conclude the proceedings of the aforesaid Encroachment Case No. 4/2019-2020 and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of twelve weeks of receipt / production of a copy this order.
The writ petition stands disposed of.
(Mohit Kumar Shah, J)
Ajay/-
U
2 issues framed by the court
Whether the respondent is directed to conclude the encroachment proceedings and pass a final order?
Whether the encroachment case should be disposed of within a specific timeframe?
1 provisions across 1 enactments
Shivendra Jha
The State of Bihar
District Magistrate cum Second Appellate Authority (Lok Shikayat Niwaran) Saharsa
Additional Collector, (Lok Shikayat Niwaran), cum First appellate Authority, Saharsa
Sub Divisional Lok Shikayat Niwaran Officer, Sub Division Saharsa Sdar, District- Saharsa
Circle Officer, circle- Sattarkataiya, district- Saharsa
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
