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2019 DIGILAW 1048 (PAT)

Ram Udgar Sharma, Son of late Bauelal Sharma v. State of Bihar through the Chief Secretary, Government of Bihar, Patna

2019-07-29

JYOTI SARAN, PARTHA SARTHY

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JUDGMENT : Jyoti Saran, J. Heard Mr. Manish Kumar No. 13, learned counsel appearing for the petitioner and Mr. Rakesh Kumar Srivastava, learned AC to GP-15 for the State. 2.The petitioner complains of encroachment of a public land bearing Khata no. 346, Plot No. 528 (Revisional Survey Khata No. 135, Plot No. 726) of Thana No. 532 Mouja-Bajitpur, Circle Bahadurpur, Block Bahadurpur in the District of Darbhanga. 3. Learned counsel for the petitioner in reference to a notice of the Circle Officer, Bahadurpur bearing Memo No. 375 dated 23.02.2018 submits that on a grievance being raised under the Public Grievance Redressal Fourm that the Circle Officer, Bahadurpur has initiated encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 giving rise to case no. 12 of 2017-18 and notices have been issued not only to the Circle Amin to give his report vide Annexure-2 but also to the encroachers as manifest from the notice at Annexure-4 series. 4. According to learned counsel for the petitioner, the grievance of the petitioner at present is that despite the proceeding having been initiated, it is yet pending disposal and hence this writ petition. 5. Having heard learned counsel for the parties and considering that the Circle Officer, Bahadurpur, has already initiated action for removal of encroachment, for the present we would only direct the Circle Officer, Bahadurpur, who is the respondent no. 9 herein, to take the encroachment case so initiated, to its conclusion in accordance with law and after opportunity of hearing to the complainant as well as the alleged encroachers. Since the matter is pending since 2018, let the case be disposed expeditiously and preferably within six months of receipt/production of a copy of this order. 6. With the observation/direction above, we dispose of the writ petition.