Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1681 of 2024 ====================================================== Santosh Kumar Son of Late Ram Lakhan Singh, Resident of villageBalchand Bigha, P.o. and P.s.- Ben, District- Nalanda, Pin- 803114. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, the Department of Revenue, Govt. of Bihar, Patna. 3.

The Collector at Biharsharif, Nalanda.

4.

The Sub-Division Officer, Hilsa, Nalanda.

5.

The Circle Officer, Ben, District- Nalanda.

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

For the Petitioner/s :

Mr.Dilip Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 The present writ petition has been filed for quashing the notice dated 29.12.2023, issued by the Circle Officer, Ben, District-Nalanda, i.e. the Respondent No. 5.

2.

The learned counsel for the petitioner submits that the aforesaid notice dated 29.12.2023 has been issued by the Respondent No. 5, without initiating any encroachment proceedings, inasmuch as the same does not contain any reference or number of the any encroachment proceeding, hence, the procedure prescribed under the Bihar Public Land Encroachment Act, 1956, has not been followed, thus the aforesaid notice dated 29.12.2023 is liable to be quashed. 3.

Per contra, though the learned counsel for the

Patna High Court CWJC No.1681 of 2024(3) dt.11-11-2024 2/2 Respondent-State has referred to the counter affidavit filed in the present case to submit that the jamabandi in question is existing in the name of one Rampati Devi and not in the name of the petitioner, however, it has not been denied that proceedings under the Bihar Public Land Encroachment Act, 1956, have not been initiated in a legal manner. 4.

Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to quash the notice dated 29.12.2023, issued by the Respondent No. 5, however, deem it fit & proper to grant liberty to the Respondent No. 5 to proceed afresh, in accordance with law, if so warranted. 5.

The present writ petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U