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Authority concerned shall initiate encroachment proceedings and decide the encroachment case to its logical conclusion: Patna High Court

Authority shall initiate encroachment proceedings against encroachers and decide the encroachment case to its logical conclusion within a short period of time by removing the encroachment made by encroachers over the land is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Shyam Kishor Vs. The State of Bihar (Civil Writ Jurisdiction Case No.1 of 2022)

Brief facts of the case are that the petitioner has asked for the issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus directing the respondent  to initiate encroachment proceedings against the private other respondent encroachers and to decide the encroachment case to its logical conclusion within a short period of time by removing the encroachment made by encroachers/private respondent  over the land bearing Tauzi No. 11631, Khata No. 684, Khesara No. 2578, area 35 decimal, Thana No. 20 situated in village Hawanpura, Block- Rahui,  Nalanda District.

Learned counsel for the petitioner states that the petitioner will be satisfied if a direction is issued to the authority concerned (respondent no.4, The Circle Officer, Rahui, District-Nalanda) to consider and decide the representation that the petitioner will be filing for redress of the grievance within a period of four weeks. According to learned counsel for the respondents, if the petitioner files such a representation, the authority concerned must consider and dispose of it promptly, preferably within three months of its filing, along with a copy of this order. Petitioner shall approach the authority concerned within four weeks by filing a representation for redress of the grievance, and the authority concerned shall consider and dispose of it expeditiously by a reasoned and speaking order, preferably within three months from the date of filing, along with a copy of this order. The petitioner also has the option of addressing the petition in order for it to be listed as a priority. Registry will take steps to list the petition as soon as possible if such a mention is made, and the court has not stated any opinion on the merits. All issues are unresolved.

Click here to read the judgment

Judgement reviewed by – Pooja Lakshmi

 

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