Posted On by &filed under High Court, Patna High Court - Orders.


Patna High Court – Orders
Shailednra Prasad vs The State Of Bihar & Ors on 9 September, 2011
                           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.

                                           -------------------

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/-


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