Sahdeo Kanodia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21277 of 2018 ====================================================== 1.

Sahdeo Kanodia Son of Late Mulchand Kanodia Resident of P.S. and P.O.- Amarpur, District- Banka.

2.

Md. Reha Son of Late Md. Salim Resident of P.S. and P.O.- Amarpur, District- Banka.

3.

Vishnu Kanodia @ Vishnu Kumar Kanodia Son of Late Shankar Kanodia Resident of P.S. and P.O.- Amarpur, District- Banka. 4.

Bimal Panjiyara Son of Late Suryanarayan Panjiyara Resident of P.S. and P.O.- Amarpur, District- Banka.

5.

Gautam Malakar Son of Late Bishun Malakar Resident of P.S. and P.O.- Amarpur, District- Banka.

6.

Hira Sharma @ Hiralal Sharma Son of Late Madanlal Sharma Resident of P.S. and P.O.- Amarpur, District- Banka.

7.

Pritam Kumar Son of Sri Krishan Murari Sah Resident of P.S. and P.O.- Amarpur, District- Banka.

8.

Tribhuvan Narayan Das @ Pramod Kumar Das Son of Late Giriwar Narayan Modi @ Giriwar Narayan Das Resident of P.S. and P.O.- Amarpur, District- Banka.

9.

Basuki Malakar Son of Late Hirday Malakar Resident of P.S. and P.O.- Amarpur, District- Banka.

10.

Subodh Kumar Das Son of Late Giriwar Narayan Modi @ Giriwar Narayan Das Resident of P.S. and P.O.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum Collector, Banka. 3.

Sub Divisional Officer, Banka.

4.

The Circle Officer Amarpur, District- Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Sinha For the Respondent/s :

Mr.Raj Kishore Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 The present writ petition has been filed for quashing the notice dated 01.09.2018 issued by the Circle Officer, Amarpur, District Banka in connection with encroachment

Patna High Court CWJC No.21277 of 2018(2) dt.06-09-2022 2/2 proceedings initiated against the petitioner, however, the learned counsel for the petitioner has limited his relief to grant of liberty to the petitioner to file objection/written statement in the aforesaid ongoing encroachment proceedings, whereupon it is submitted that the Circle Officer, Amarpur be directed to consider the objection/ written statement to be filed by the petitioner and pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to file appropriate objection/written statement in the ongoing encroachment case within a period of 4 weeks from today and in case the same is filed, the Circle Officer, Amarpur shall consider the same and pass appropriate order, in accordance with law, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, if not already passed, forthwith. (Mohit Kumar Shah, J) Tiwary/Saurav U