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Patna High Court

Sachindra Prasad Kushwaha,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with directions to dispose the pending appeal within four weeks and take appropriate action thereafter.

Summary

Petitioner Sachindra Prasad Kushwaha filed a writ petition challenging the disposal of an encroachment case. The opposite parties, representing the State of Bihar, submitted that the Circle Officer had complied with the High Court's earlier order by disposing the encroachment case under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, declaring the occupants as encroachers and issuing notices. An appeal against that order was pending, and the parties sought a direction for its disposal within four weeks, followed by appropriate action within another four weeks. The Court, after hearing counsel, directed that the appeal be disposed of within the stipulated period and that subsequent action be taken accordingly. Consequently, the petition was dismissed as the matter was deemed settled pending the appeal.

Issues considered

  • What relief, if any, is appropriate given the compliance with the earlier court order and pending appeal in the encroachment case?

Legislation cited

Subjects

  • encroachment
  • public land
  • writ jurisdiction
  • compliance
  • Bihar Public Land Encroachment Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2310 of 2023
                                                     In
                               Civil Writ Jurisdiction Case No.13344 of 2022
                 ======================================================
                 Sachindra Prasad Kushwaha, Son of Mahanath Prasad, Resident of Ward No-
                 11, Chailahan Kathariya, PO-Chailahan, P.S- Banjaria, District-Motihari, East
                 Champran.

                                                                                ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar Through the Brajesh Mehrotra, Principal Secretary,
                 Government of Bihar, Patna.
           2.    Mr. Brajesh Mehrotra, Principal Secretary, Department of Revenue and Land
                 Reforms, Government of Bihar, Patna.
           3.    Mr. Sourabh Jorwal, District Magistrate, East Champaran, Motihari.
           4.    Mr. Shreshta Anupam, Sub-Divisional Officer, Motihari Sadar, East
                 Champaran, Motihari.
           5.    Mr. Pawan Kumar Sinha, Additional Collector, East Champaran, Motihari.
           6.    Mr. Shiv Kumar Singh, Circle Officer, Banjaria, East Champaran, Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Samir Kumar, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishore Roy, GP 18
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   06-02-2026                  The learned counsel for the opposite parties submits

                   that in compliance of the order of this Court dated 12.04.2023

                   passed in CWJC No. 13344 of 2022, the Circle Officer,

                   Banjaria,      East        Champaran,    Motihari      has   disposed       the

                   encroachment case in question bearing Encroachment Case

                   No.7 of 2021-22 by passing the final order under Section 6(1) of

                   the Bihar Public Land Encroachment Act, 1956 on 29.09.2022.

                                2. It is submitted that by the said order dated
          Patna High Court MJC No.2310 of 2023(4) dt.06-02-2026
                                                      2/2




                    29.09.2022, the persons who have encroached the land in

                    question have been declared to be encroachers and notices have

                    been issued in Prapatra-II, however, in the meantime, the

                    encorachers have preferred an appeal. Nonetheless, it is

                    submitted by the learned counsel for the opposite parties that the

                    said appeal shall be disposed of within a period of four weeks

                    from today and depending upon the outcome of the same,

                    appropriate action shall be taken in accordance with law within

                    a period of four weeks, thereafter. It is directed, accordingly.

                                 3. The present petition stands disposed of.



                                                                  (Mohit Kumar Shah, J)
GAURAV S./-
U


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