Lilanath Jha vs State Of Bihar And Others

Harish Kumar, J

Heard Mr. Alok Ranjan, learned Advocate for the petitioner and Mr. Atul Shankar, learned Advocate for the State.

In sum and substance the grievance of the petitioner is only confined to expeditious disposal of Basgit Parcha Case No. 86-92/2011-12. Prayer has also been made to restore the land of the petitioner which has illegally been encroached by the private respondent nos. 7 to 14 in connivance with the official respondents.

Learned Advocate for the petitioner contended that against issuance of Basgit Parcha with respect to certain portion of the land in favour of respondent nos. 7 to 14 by the Circle Officer, Pandaul in the year 2012, the petitioner had approached before the District Magistrate, Madhubani by way of filing appeal bearing Basgit Parcha Appeal Case No. 61/2012-2013. The aforesaid appeal came to be disposed of vide order dated 04.12.2023 by setting aside the order passed by the Circle Officer, Pandaul by which Basgit Parcha was issued. The matter was finally remanded to the Circle Officer, Pandaul for fresh consideration. It is the contention of the learned Advocate for the petitioner that despite remand being made by order dated 04.12.2023 till date the Circle Officer, Pandaul is sitting tight over the matter. The private respondents in whose favour earlier Basgit Parcha was issued now they, in connivance with the official respondents, are encroaching upon the land of the petitioner by making illegal construction. In the aforesaid premise, the petitioner has filed several petitions before the Circle Officer as well as the District Magistrate for expeditious disposal of Basgit Parcha Case No. 86-92/2011-12 to resolve the dispute. Despite the petition filed by the petitioner the proceeding has not been commenced any further; left with no option, the petitioner approached before this Court.

On the other hand, learned Advocate for the State informed this Court that the matter has been remanded only on 04.12.2023 itself and the same shall be considered and disposed of after giving proper opportunity of hearing to all concerned.

Considering the rival submissions of the learned counsel for the parties and the materials brought on record by the petitioner that the private respondents are making construction over the land in question, it would be apt and prudent for the Circle Officer, Pandaul to take up Basgit Parcha Case No. 86-92/2011-12 and dispose of the same expeditiously by giving proper opportunity of hearing to all concerned, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

The writ petition stands disposed of with the aforesaid observations and directions.