Chhedi Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7707 of 2018 ====================================================== Chhedi Sahani son of Sundar Sahani Ward No. 5, Primary School, Jalwar, Police Station - Bahadurpur and District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Sub-Divisional Officer, Sadar, Darbhanga. 3.

The Circle Officer, Bahadurpur, Darbhanga.

4.

The Block Development Officer, Bahadurpur, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No-2, Advocate For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 Mr. Abhoy Kumar Kashyap, AC to G.P.-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2022 Though the present writ petition has been filed for setting aside the notice dated 01.01.2018 issued by the Circle Officer, Bahadurpur, District-Darbhanga i.e. the respondent no. 3, whereby and whereunder the petitioner has been directed to remove the encroachment in question, however, the learned counsel for the respondent-State has pointed out that an encroachment case bearing Encroachment Case No. 12 of 201617 has been initiated by the respondent no. 3 during the interregnum period.

In such view of the matter, the learned counsel for the petitioner seeks liberty to approach the respondent no. 3 by filing appropriate objection/ show cause reply and it is prayed

Patna High Court CWJC No.7707 of 2018(2) dt.01-08-2022 2/2 that the same be directed to be considered and thereafter appropriate orders be passed thereon.

Having regard to the limited prayer of the petitioner, not opposed by the learned counsel for the respondent-State, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the respondent no. 3 by filing appropriate show cause reply/objection within a period of 4 weeks from today, whereupon the respondent no. 3 shall pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of 12 weeks, thereafter.

It is needless to state that for a period of sixteen weeks from today, status quo existing as on today, shall be maintained.

(Mohit Kumar Shah, J) S.Sb/- U