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Patna High CourtCWJC/5257/2017disposed

Santosh Kumar v. The State Of Bihar And ORS

2023-04-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5257 of 2017 ====================================================== Santosh Kumar Son of Rameshwar Sah, Resident of Village- Ward No.2, Sheohar, P.S.- Sheohar, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Sheohar.

3.

The Additional Collector, Sheohar.

4.

The Sub-Divisional Magistrate, Sheohar.

5.

The Sub-Divisional Public Complaint Redressal Officer, Sheohar. 6.

The Circle Officer, Sheohar, Circle- Sheohar, District- Sheohar. 7.

The Officer-in-Charge, Sheohar, District- Sheohar. 8.

Sohan Rai, Son of Late Ram Charitra Raut, Resident of Village- Ward No.2, Sheohar, P.S.- Sheohar, District- Sheohar.

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 Though the present writ petition has been filed for quashing the order dated 16.01.2017 passed by the Circle Officer, Sheohar directing the petitioner to remove encroachment from the land in question, however, it appears that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed in connection with Encroachment Case No.6 of 2016-17, hence, I deem it fit and proper to grant liberty to the petitioner to file appropriate objection/representation before the Circle Officer, Sheohar within a period of four weeks from today, whereupon the Circle

Patna High Court CWJC No.5257 of 2017(2) dt.13-04-2023 2/2 Officer, Sheohar shall pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law, within a period of four weeks, thereafter. For a period of eight weeks from today, status quo existing as on today qua the land/house of the petitioner shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U