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Patna High CourtCWJC/2550/2023disposed

Rajendra Prasad Singh @ Rajendra Prasad v. The State Of Bihar

2024-11-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2550 of 2023 ====================================================== Rajendra Prasad Singh @ Rajendra Prasad Son of Late Parmeshwar Prasad, resident of village - Kosnara, P.S. Ben, District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Excise Commissioner, Bihar, Patna.

3.

The Land Reforms Deputy Commissioner, Rajgir, District - Nalanda. 4.

The District Magistrate-cum-Collector, District - Nalanda. 5.

The Superintendent of Police, Nalanda.

6.

The Sub-Divisional Officer, Block - Ben, District - Nalanda. 7.

The Circle Officer, Block - Ben, District - Nalanda. 8.

The Station House Officer, P.S.- Ben, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gaurav Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-11-2024 Though the present writ petition has been filed for quashing the notice dated 21.4.2022, issued by the Circle Officer, Ben, District-Nalanda, in connection with Encroachment Case No. 4 of 2022-23, under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956"), however, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file his objection in the aforesaid encroachment proceedings and further prays that the Circle Officer, Ben, District-Nalanda be directed

Patna High Court CWJC No.2550 of 2023(3) dt.19-11-2024 2/2 to consider the same, in accordance with law and pass the final order under Section 6(1) of the Act, 1956, in case the final order has not yet been passed and till then, the Respondent authorities be directed not to take any coercive action against the petitioner. It is directed accordingly.

2.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U