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Patna High CourtCWJC/1368/2020disposed

Laljee Ram, v. The State Of Bihar

2022-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1368 of 2020 ====================================================== 1.

Laljee Ram, S/o Late Shivdhyan Ram, Resident of Village-Parmanpur, P.S. Dawath, District-Rohtas.

2.

Achchey Lal Ram, S/o Late Shivdhyan Ram, Resident of VillageParmanpur, P.S. Dawath, District-Rohtas. 3.

Lallu Ram, S/o Late Shivdhyan Ram, Resident of Village-Parmanpur, P.S. Dawath, District-Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Rural and Housing Department, Govt. of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Rohtas. 4.

The Superintendent of Police, Rohtas.

5.

The Deputy Collector, Land Reforms, Rohtas.

6.

The Circle Officer-cum-Collector in Public Land Encroachment Act 1956, Anchal Office, Dawath, P.S. Dawath, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2022 Though, the present writ petition has been filed for quashing the encroachment proceedings initiated vide Encroachment Case No. 4(23) of 2019-20 of petitioner no.1, Encroachment Case No. 4(22) of 2019-20 of petitioner no.2 and Encroachment Case No. 4(21) of 2019-20 of petitioner no. 3 by the Circle Officer, Dawath, however, the learned counsel for the petitioners has confined his relief to the extent of liberty being granted to the petitioners to file reply to the show cause notice

Patna High Court CWJC No.1368 of 2020(2) dt.06-07-2022 2/2 before the Circle Officer, Dawath and in the meantime some protection be granted to the petitioners.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file reply to the show cause notice within a period of four weeks from today, in the ongoing Encroachment Cases No. 4(23) of 2019-20, Encroachment Case No. 4(22) of 2019-20 and Encroachment Case No. 4(21) of 2019-20, in case the proceedings of the same have not already been concluded, whereafter the Circle Officer, Dawath shall consider the same and after hearing the effected party shall pass appropriate order in accordance with law u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks thereafter.

It is needless to state that for a period of eight weeks from today, status quo existing as on today shall be maintained. (Mohit Kumar Shah, J) Tiwary/- U