Patna High Court - Orders
Baccha Singh vs The State Of Bihar And Ors on 12 September, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15165 of 2015
======================================================
Baccha Singh S/o Late Sant Bilash Singh Resident of Village Reriya, Police
Station Bikramganj District Rohtas.
... ... Petitioner/s
Versus
1. The State Of Bihar, through the Collector/District Magistrate, District-
Rohtas.
2. The Sub-Divisional Magistrate, Bikramganj, District - Rohtas.
3. The Superintendent of Police, Rohtas.
4. The Deputy Collector, Land Reforms, Bikramganj, District - Rohtas.
5. The Circle Officer, Anchal Adhikari, Bikramganj, District - Rohtas.
6. The Officer-in-Charge, Bikramganj, P.S. Bikramganj, District Rohtas.
7. Shivji Tiwari S/o Late Nanhku Tiwari
8. Ramanand Pasi S/o Rogi Pasi
9. Shree Kant Tiwari S/o Late Nanhku Tiwari,
Respondent nos. 7 to 9 are residents of village Dhangai, P.S. Bikramganj,
District Rohtas
10. Raju Tiwari S/o Late Janardan Tiwari
11. Brajesh Kumar Singh S/o Late Kanhaiya Singh
12. Rajvansh Lal S/o Noulakh Lal
13. Ranajee Sahay S/o Mana Sahay
14. Sudama Lal S/o Late Shivpujan Sahay
15. Godhan Choudhary Father name not known
16. Ashok Lal S/o Kamta Lal
17. Ashutosh Kumar S/o Rama Shankar Sharma @ Bhatjee
18. Suresh @ Jitendra S/o Baij Nath Tiwary
19. Arun Kumar Sahay S/o Late Ram Chandra Lal Respondent no. 10 to 19 are
residents of village Reriya, P.S. Bikramganj, District Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Prabhakar Jha, Advocate
For the State : Mr. Birju Prasad, GP-13
Mrs. Shweta Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 12-09-2024The present writ petition has been filed seeking the Patna High Court CWJC No.15165 of 2015(4) dt.12-09-2024 2/3 following relief:-
"1. For issuance of a writ in the nature of 'Mandamus' for commanding the Respondents no. 1 to 6 to remove the encroachment made over the land situated at village- Reriya, appertaining to Khatta No.300, Kheshra No.1555, recorded as Gairmajarua Bihar Sarkar, situated at Anchal Bikramganj, Police Station-Bikramganj, District-Rohtas. The petitioner further prays for a direction to the Respondent No.1 to take administrative steps against the respondent No. 4 for non-compliance of his order dated 07.02.2014, by which the Collector has passed an order to clear the encroachment within 15 days, made over the land in question."
2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Rohtas at Sasaram to ensure implementation of the order dated 07.02.2014.
3. Per contra, the learned counsel for the respondent-State submits that in case there is no other legal impediment, the aforesaid order dated 07.02.2014 shall definitely be enforced, within a stipulated time frame, as is fixed by this Court.
4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Rohtas at Sasaram to implement the order dated 07.02.2014 in Patna High Court CWJC No.15165 of 2015(4) dt.12-09-2024 3/3 its true letter and spirit, in case there is no other legal impediment and in case the same has not been annulled by any higher forum/court of law, within a period of six weeks of receipt/production of a copy of this order, by taking recourse to the due process of law.
5. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) kanchan/-
U