Md. Jalil Alias Abudl Jalil v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7374 of 2018 ====================================================== Md. Jalil Alias Abudl Jalil, Son of Abdul Aziz, Resident of Mohalla-Khagra, Karbala, Ward No. 32 Town, Police Station and District-Kishanganj. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Kishanganj

3. The Circle Officer, Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Najmul Hoda, Adv.

For the Respondent/s :

Mr. Mazid Mehboob Khan, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 25-07-2018 Heard Mr. Najmul Hoda, learned counsel for the petitioner and Mr. Mazid Mehboob Khan, learned AC to AAG12 for the respondent-State. The present writ application has been filed for quashing the notice dated 04.01.2018, issued under the signature of Respondent No.3, the Circle Officer, Kishanganj in Encroachment Case No.309 of 2017-18, as contained Annexure2, whereby, the petitioner has been directed to submit his show cause on 24.01.2018 with regard to encroachment made over the land, appertaining to Thana No.144(57), Tauzi No.270, Plot Nos. 549, 559 and 754, M.S. Khata No.377, situated in Mauza Khagra, District - Kishanganj. Further prayer has been made for quashing the notice dated 24.02.2018, issued under Section 6(2)

Patna High Court CWJC No.7374 of 2018 dt.25-07-2018 2/3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act'), under the signature of Respondent No. 3, the Circle Officer, Kishanganj, as contained in Annexure-3, whereby, the petitioner is directed to remove the encroachment from the land in question by 12.03.2018, failing which, the same will be removed by deployment of force and the cost of removal of encroachment will be realized by the petitioner. In pursuance to order dated 19.06.2018, the Respondent No.3, the Circle Officer, Kishanganj is present along with the records of Encroachment Case No.309 of 201718. However, learned AC to AAG-12 very fairly submits that notice under Section 6(2) of the Act has been issued without passing any final order under Section 6(1) of the Act. Hence, he is unable to defend the matter.

In the above circumstances and considering the fair stand of learned AC to AAG-12, the notices, as contained in Annexures 2 and 3, are hereby quashed.

However, the Respondent No.3, the Circle Officer, Kishanganj will be at liberty to proceed the matter at the stage of issuance of notice under Section 3 of the Act and take the proceeding of Encroachment Case No.309 of 2017-18 to its

Patna High Court CWJC No.7374 of 2018 dt.25-07-2018 3/3 logical conclusion within a period of three months, by giving due opportunity of hearing to all affected persons including, the petitioner in accordance with the provisions of the Act. Personal appearance of Respondent No.3, the Circle Officer, Kishanganj is dispensed with.

The writ application is accordingly disposed of. (Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date