Sanjeev Kumar Mahto vs The State Of Bihar
2023 Latest Caselaw 4134 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11983 of 2023
     ======================================================

Sanjeev Kumar Mahto Son of Kaleshwar Mahto, Resident of Village - Khajuria, P.S. Kahalgaon, District - Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through Collector Bhagalpur.

2. The Sub Divisional Officer, Bhagalpur.

3. The Circle Officer, Khgalgaon, Bhagalpur.

4. The Sub Divisional Police Officer Kahalgaon, Bhagalpur.

5. The S.H.O. Kahalgaon, Police Station - Kahalgaon.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rakesh Kumar Shrivastava For the Respondent/s : Mr.Md. Khrushid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 29-08-2023

The learned counsel for the petitioner makes a complaint

to the effect that despite the final order, having been passed by

the Circle Officer, Kahalgaon, in connection with Encroachment

Case No. 7 of 2022-23, holding that the land in question has

been encroached by the encroachers, whereafter, the Circle

Officer, Kahalgaon, District-Bhagalpur, has even requisitioned

police force for the purposes of removal of encroachment in

question, nonetheless, the encroachment in question has not

stood removed till date. In view of the aforesaid, it is submitted

by the learned counsel for the petitioner that appropriate

direction be issued to the District Magistrate, Bhagalpur.

Patna High Court CWJC No.11983 of 2023 dt.29-08-2023

2. Per contra, the learned counsel for the Respondent-State

submits that in case, the final order, passed by the Circle Officer,

Kahalgaon, Distict-Bhagalpur, in connection with

Encroachment Case No. 7 of 2022-23, has not been annulled by

any higher forum / Court of law, the encroachment would

definitely be removed within a fixed time frame.

3. Having regard to the facts and circumstances of the case,

I deem it fit and proper to grant liberty to the petitioner to

approach the District Magistrate, Bhagalpur, by filing

appropriate representation regarding removal of the

encroachment in question, upon which appropriate action shall

be taken, in accordance with law, within a period of six weeks,

thereafter.

4. The present writ petition stands disposed off on the

aforesaid terms.

(Mohit Kumar Shah, J) Ajay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.08.2023
Transmission Date       NA