The High Court of Patna, in an oral order dated 19-12-2023, directed the Circle Officer to dispose of an encroachment case within six months and stayed the removal of alleged encroachment by the Anchal Adhikari pending proceedings.
Direction to dispose encroachment case within six months; stay on removal of encroachment by respondent No. 4.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8695 of 2023
======================================================
Narottam Rai son of Sampat Rai, Resident of Village-Patkhauli (Sidwaliya), P.S. Kateya, District Gopalganj.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Naresh Chandra Verma For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 19-12-2023
Let the defect/s, if any, be removed as pointed out
by the office within a period of four weeks from today. If the defect/s are not removed within the time, the order shall be treated to be recalled.
2 . This application has been filed for issuance of a direction to the respondents to remove the encroachment from the public land.
3 . In view of the prayer made by the petitioner, the Circle Officer, Kateya, Gopalganj is directed to dispose of the Encroachment Case No. 03 of 2022-23 after hearing all the concerned parties in accordance with law preferably within a period of six months from the date of receipt/production of a
Patna High Court CWJC No.8695 of 2023(2) dt.19-12-2023 2/2
copy of this order.
4 . With the aforesaid direction, this application is
disposed of.
5. During pendency of the encroachment proceeding and before passing any final order, the respondents no. 4 will not remove the alleged encroachment.
6 . Let a copy of this order be communicated to the District Magistrate- Gopalganj through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U
3 issues framed by the court
Whether to issue a direction to remove encroachment from public land.
Whether encroachment case should be disposed of within six months.
Whether final removal of alleged encroachment should be stayed during proceedings.
Narottam Rai
State of Bihar through Addl. Chief Secretary, Land Reform Department, Government of Bihar, Patna
Collector cum District Magistrate, Gopalganj
Sub-Divisional Officer, Hathua Sub-Division, Hathua
Anchal Adhikari Kateya Anchal, District Gopalganj
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
