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Patna High CourtCWJC/2179/2023disposed

Sanjay Kumar Ojha @ Sanjay Ojha v. The State Of Bihar

2023-09-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2179 of 2023 ====================================================== Sanjay Kumar Ojha @ Sanjay Ojha Son of Mathura Ojha, Resident of Village- Dekuli, P.S.- Brhampur, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Buxar. 2.

Circle Officer, Block Brhampur, Buxar.

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

For the Petitioner/s :

Mr.Ramakant Yadav, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "That this is an application for issuance of writ in the nature of certiorari order or orders, direction or directions, quashing the notice dated 02.01.2023 issued on Form 1 by the respondent no. 2 in Encroachment Case No. 23/2022-23 and other notice issued by respondent no.2 on 10.12.2022 in Encroachment Case No.26/2022-23 under Section 6(2) of the Land Encroachment Act without exhausting the law enumerated in Bihar Encroachment Act and further may be please to stay the operation of notice issued in Encroachment Case No.

23/2022-23 and Encroachment Case No.

26/2022-23. Land"

Patna High Court CWJC No.2179 of 2023(2) dt.26-09-2023 2/2 2.

At the outset, the learned counsel for the petitioner seeks liberty to prosecute the pending title suit bearing Title Suit No.819 of 2022, which is pending adjudication before the learned Court of Sub-Judge-1, Dumraon. Liberty so sought is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U