Md. Alauddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1958 of 2019 ====================================================== Md. Alauddin S/o Late Nokha Lal @ Nokhe Mian R/o Village-Chand Sarai, P.S.- Block-Jandaha, District-Vaishali at Hajipur ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Deptt. Govt. of Bihar, Patna

2. The Collector, Vaishali at Hajipur Bihar

3. The Deputy Director, Chakbandi, Vaishali at Hajipur Bihar

4. The Circle Officer, Jandaha District Vaishali at Hajipur Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Man Mohan Kumar For the Respondent/s :

Mr. Md.Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 A notice issued by the Circle Officer, Jandaha, Vaishali at Hajipur, dated 07.03.2018 to the petitioner, asking him to show-cause as to why a proceeding under the Bihar Land Encroachment Act, 1956, be not initiated against him and proper legal action not taken against him, has been challenged in the present writ application.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner has not, in fact, encroached upon the land, rather the land belongs to him and he is in valid possession over the land.

The petitioner could have filed his explanation before the Circle Officer, Jandaha, Vaishali at Hajipur, in response to

Patna High Court CWJC No.1958 of 2019(2) dt.04-02-2019 2/2 the notice, instead of coming to this Court by filing the present writ application.

I do not find any merit in this application, which is accordingly dismissed.

It will be open to the petitioner to respond to the show-cause notice issued by the Circle Officer, Jandaha, Vaishali at Hajipur.

(Chakradhari Sharan Singh, J) Ashish/- U