Acting Chief Justice bench refuses to interfere with order of Justice Mohit Kumar Shah

In Md. Gholam Rasul @ Gulam Rasul vs. The State of Bihar through the Principal Secretary, Land Reform and Survey, Government of Bihar & Ors. (2025), Acting Chief Justice led Division Bench concluded:"We do not find any reason to interfere with the impugned judgment" of Single Judge Justice Mohit Kumar Shah in Md. Akhtar Alam Son vs. The State of Bihar through the Principal Secretary, Land Reforms and Survey, Govt. of Bihar (2025). The bench found the appeal to be  meritless and dismissed it. The judgement dated June 17, 2025 reads:"The appellant apprehends that in view of such a direction by the learned Single Judge, and in the event of hearing of the aforenoted encroachment case being expedited, the appellant, who is alleged to be the encroacher, would not be heard by the Circle Officer. This apprehension is absolutely misplaced. All that the impugned judgment directs is that the case be concluded at the earliest. This does not preclude the authority concerned from hearing the parties and passing a reasoned order, which can only happen if the parties to the dispute are heard."

Justice Shah bench had heard the petition seeking direction to the Circle Officer, Azam Nagar, Katihar, to conclude the proceedings of the pending Encroachment Case No. 1 of 2024-25 within a fixed time frame because the encroachment proceedings were not concluded. His order dated January 9, 2025 reads:"I deem it fit and proper to direct the Respondent No. 4 to conclude the proceedings of the aforesaid Encroachment Case No. 1 of 2024-25, if the same has not already been concluded, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt / production of a copy of this order." He had disposed of the writ petition in terms of these directions. The Division Bench did not find any error in these directions.