Ajay Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1790 of 2019 ====================================================== 1.

Ajay Kumar and Ors Son of Late Brijnandan Mahto Resident of VillageLakshmipur Samyagarh, P.S.- Ghoswari, District- Patna. 2.

Sadan Kumar Son of Late Brijnandan Mahto Resident of VillageLakshmipur Samyagarh, P.S.- Ghoswari, District- Patna. 3.

Kedar Singh Son of Late Ayodhya Prasad resident of Village- Lakshmipur Samyagarh, P.S.- Ghoswari, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Barh, District- Patna.

3.

The Sub- Divisional Magistrate, Barh, District- Patna. 4.

The Deputy Collector, Land Reform, Barh, District- Patna. 5.

The Circle Officer, Ghoswari, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

Ms. Kumari Pallavi, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2022 Though the present writ petition has been filed for quashing the notice dated 27.9.2018 issued in Encroachment Case No. 1/2018-19 to the petitioners, but it has been submitted by the learned counsel for the petitioners that an objection has been filed on behalf of the petitioners, which has been annexed as Annexure2 to the present writ petition, however, no final

Patna High Court CWJC No.1790 of 2019(3) dt.18-07-2022 2/3 order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed by the Circle Officer, Ghoswari, District-Patna. Thus, it is submitted that Circle Officer, Ghoswari, DistrictPatna be directed to dispose of the aforesaid encroachment case, after giving an opportunity of hearing to the petitioners herein by passing the final orders 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 of with a direction to the Circle Officer, Ghoswari, District-Patna to consider the objection filed by the petitioners in the aforesaid Encroachment Case No. 1 /2018-19 and pass the final order within a period of twelve weeks of receipt/production of a copy of this order.

It is needless to state that till the final order is passed by the Circle Officer, Ghoswari, District-Patna in the aforesaid Encroachment Case No. 1/2018-19, status quo, existing as on today, shall be maintained.

Patna High Court CWJC No.1790 of 2019(3) dt.18-07-2022 3/3 The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U