IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3623 of 2023 In Civil Writ Jurisdiction Case No.6316 of 2021 ====================================================== Indra Kumar Kushawaha Son of Bunilal Kushwaha, R/o Village Rai Barawa, P.O. Sathi, P.S. Sathi, District- West Champaran. ... ... Petitioner/s Versus 1. Mr. Rakesh Kumar, The State of Bihar through Principal Secretary, Land Acquisition Department, Government of Bihar, New Secretariat, Patna. 2. Mr. Dinesh Kumar Rai, The Collector, West Champaran. 3. Mr. S. Pratik, The Circle Officer, Lauria, District- West Champaran. 4. Khedu Mahato, S/o Late Jangi Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. 5. Hari Mahato, S/o late Baldeo Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. 6. Dinesh Prasad, S/o Late Sudama Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. 7. Samal Mahato, S/o Late Raja Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. 8. Jamadar Mahato, S/o Late Gorakh Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. 9. Daroga Mahato, S/o Late Rama Nand Mahato, R/o Village Rai Barwa, PS- Sathi, PO- Dharampur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Kant, Advocate Mr.Navin Kumar, Advocate For the Opposite Party/s : Mr.Additional Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 3 17-01-2025 1. At the outset, the learned counsel for the opposite parties submits that the order of this Court dated 09.09.2022, passed in CWJC No.6316 of 2021 has stood complied with inasmuch as the Circle Officer, Lauria, District-West Champaran had initiated encroachment proceeding qua the Patna High Court MJC No.3623 of 2023(3) dt.17-01-2025 2/2 encroachers vide Encroachment Case No.16 of 2022-23 and thereafter the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has also been passed on 13.04.2023. It is further submitted that all the encroachers except one encroacher who is a landless lady, have been evicted from the encroached land in question and the said lady shall also be removed from the land in question, once settlement of appropriate land is made in her favor. 2. Per contra, the learned counsel for the petitioner submits that all the encroachers have not been evicted from the encroached land in question hence the petitioner be granted liberty to approach the Circle Officer, Lauria, District-West Champaran/District Magistrate, West Champaran at Bettiah for execution of the aforesaid order dated 13.04.2023, passed by the Circle Officer, Lauria, District-West Champaran, in its true letter and spirit. Liberty so sought is granted. 3. The petition stands disposed off. Saurav/- (Mohit Kumar Shah, J) U