Two cross writ petitions over land encroachment. Pending encroachment cases against the rival parties were yet to be finalised. The court directed the Circle Officer to pass final orders under Section 6(1) after hearing affected parties within six weeks and disposed of both petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4141 of 2020
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Fanindra Kumar Pandey Son of Badari Narayan Sharma, Resident of VillageBakaur, Police Station-Islampur, District-Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 3087 of 2024
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Kamta Prasad Sharma Alias Kamta Pandey S/o Late Siri Pandey Resident of Village- Bakaur, P.S.- Islampur, District- Nalanda
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 4141 of 2020) For the Petitioner/s : Mr.Shashi Chandra Pandey For the Respondent/s : Mr.Md. Khursid Alam ( Aag12 ) (In Civil Writ Jurisdiction Case No. 3087 of 2024) For the Petitioner/s : Mr.Pramod Kumar Yadav, Adv. For the State : Mr. Swapnil Kumar Singh, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Patna High Court CWJC No.4141 of 2020(8) dt.11-12-2024
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ORAL ORDER
8 11-12-2024 As far as the first case i.e. CWJC No. 4141 of 2020 is
concerned, the Circle Officer, Islampur, District-Nalanda, i.e. the Respondent No. 4, has already initiated Encroachment Case No. 2 of 2012-13, nonetheless, it is submitted by the learned counsel for the Respondent-State that though the same is yet to be concluded but the same would definitely be finalized, by passing of 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 from today and thereafter, appropriate action shall be taken accordingly. It is directed accordingly.
Patna High Court CWJC No.4141 of 2020(8) dt.11-12-2024 3/3
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether pending encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 should be concluded within a fixed timeframe.
1 provisions across 1 enactments
Fanindra Kumar Pandey
The District Magistrate, Nalanda
The Sub Divisional Magistrate, Hilsa
The Land Reforms Deputy Collector, Hilsa, Nalanda
The Circle Officer, Islampur
The Circle Inspector, Islampur
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
