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Patna High CourtCWJC/2452/2021disposed

Shri Om Sai Auto, Gaya, v. The State Of Bihar

2021-06-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2452 of 2021 ====================================================== Shri Om Sai Auto, Gaya, through its Partner Sidhinath Vishwakarma, male, aged about 50 Years, Son of Baldeo Vishwakarma, Resident of MohallaMaharani Road, P.S.-Kotwali, District-Gaya, at Present Mohalla-Sipahi Lane, Rampur, P.S.-Rampur, District-Gaya.

... ... Petitioner

Versus

1.

The State of Bihar through the Collector, Gaya. 2.

The District Magistrate-Cum-Collector, Gaya.

3.

The Anchal Adhikari (Circle Officer), Town Anchal, Chandauti, DistrictGaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Sinha, Advocate For the Respondent/s :

Mr. Sazid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2021 Heard Mr. Arun Kumar Sinha, learned counsel appearing on behalf of the petitioner as well as Mr. Sazid Salim Khan, learned Standing Counsel No. 25 for the State. The grievance of the petitioner in the present writ application is that in Land Encroachment Case No. 17 of 201819, Anchal Adhikari, Town Anchal, Chandauti, Gaya has issued notice to the petitioner on 08.10.2019.

Learned counsel appearing on behalf of the petitioner submits that petitioner is the owner of land. He purchased the land for valid consideration after partition of property belonging to Jain family. The petitioner has approached this Court against the notice dated 08.10.2019.

Patna High Court CWJC No.2452 of 2021(3) dt.30-06-2021 2/2 In the aforesaid circumstances, the writ application is disposed of with liberty to the petitioner to file reply to the show cause which shall be considered by the respondent-Anchal Adhikari,Town Anchal, Chandauti,Gaya in accordance with law within a period of three months from the date of filing of the reply to the show cause. Until final decision on the reply to the show cause is taken, respondents shall be restrained from demolishing the building in question.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U