IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6536 of 2010
Shailendra Prasad, S/O Late Shivdhari Prasad, R/O Village-
Balchand Hata, Post- Pakwaliya, P.S- Siwan Muffasil,
District - Siwan.
Versus
1. The State of Bihar
2. District Magistrate, Siwan.
3. The Superintendent of Police, Siwan.
4. The Circle Officer, Siwan, Sadar.
5. The Deputy Collector, Land Reforms, Siwan.
6. Radhe Lal, S/O Ramnath Prasad, R/O Balchand Hata, Post-
Pakwaliya, P.S - Siwan Mufassil, District-Siwan.
7. Ragho Prasad, S/O Ramnath Prasad, R/O Balchand Hata,
Post-Pakwaliya, P.S - Siwan Mufassil, District-Siwan.
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02/ 09.09.2011 Heard Mr. Ranjan Kumar Dubey, learned counsel
appearing on behalf of the petitioner and the learned counsel
appearing on behalf of the State.
The writ petition has been filed seeking a direction of
this Court to the respondent no. 2, the District Magistrate, Siwan to
dispose of the representation of the petitioner filed on 25.2.2010 and
for appropriate direction to the respondent no. 4, the Circle Officer,
Siwan Sadar for taking appropriate steps for removal of
encroachment over plot no. 103, survey no. 799 having an area of 6
katha 6 dhurs situated at village Balchand Hata, District Siwan,
which is in the nature of gairmajarua aam rasta and has been
encroached upon by the private respondent nos. 6 and 7.
It is a matter of record that an encroachment proceeding
was initiated against the private respondents on an application
filed by the petitioner giving rise to Encroachment Case No. 1 of
2009 and upon an enquiry being made the complaint was found to
2
be true. It is the case of the petitioner that despite the aforesaid
position the encroachment proceeding yet remains pending without
any final order being passed on the same. It is contended that it is in
this background that a representation was filed by the petitioner
before the District Magistrate, Siwan on 25.2.2010 alleging laches
and unnecessary delay on the part of the Circle Officer, Siwan Sadar
in disposing of the encroachment case but as the same has also
remained pending, hence the petitioner was constrained to move this
Court.
Having heard learned counsel for the petitioner and the
State, the writ petition is disposed of with a direction to the
respondent no. 4, the Circle Officer, Siwan Sadar to dispose of the
Encroachment Case No. 1 of 2009 within a period of three months
from the date of receipt/production of a copy of this order in
accordance with law and after giving due opportunity of hearing to
all the affected parties including the petitioner and the respondent
nos. 6 and 7 herein.
(Jyoti Saran, J.)
S.Sb/-
