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Patna High CourtCWJC/3062/2017disposed

Surendra Pandit v. The State Of Bihar And ORS

2019-08-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3062 of 2017 ====================================================== Surendra Pandit Son of Late Gupteshwar Pandit, Resident of VillageThakuri, P.S./Anchal- Charpokari, District- Bhojpur Ara. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Chief Secretary of Government of Bihar. 2.

The District Magistrate D.M., Bhojpur.

3.

The Sub-Divisional Officer S.D.O., Piro under Bhojpur District. 4.

The Circle Officer (C.O.), Charpokhari Circle under Bhojpur District. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Chandra Shekhar Azad, Adv.

For the Respondent/s :

Mr. Md. Sajid Salim Khan- SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2019 The present writ petition has been filed for quashing the notice dated 05.02.2017 issued by the Circle Officer, Charpokhari, Bhojpur whereby and whereunder the petitioner has been directed to remove the encroachment from the public land.

The respondents have filed a counter affidavit, however no order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been produced.

In such view of the matter, I grant liberty to the petitioner to file appropriate objection before the Circle Officer, Charpokhari, Bhojpur in connection with Land Encroachment Case No.6/2016-17 within four weeks from today whereupon

Patna High Court CWJC No.3062 of 2017(2) dt.29-08-2019 2/2 the Circle Officer, Charpokhari, Bhojpur shall pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Prakash Narayan U