Janardan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1865 of 2023 ====================================================== Janardan Mishra Son of Late Bindhyachal Mishra, Resident of VillagePitambarpur, Police Station- Sheosagar, District- Rohtas at present resident of Mohalla- Fajalganj Police Station- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna.

2.

The Collector, Rohtas at Sasaram.

3.

The Additional Collector cum 1st Appellate Authority (Public Grievance Redressal), Rohtas, Sasaram.

4.

The Deputy Collector, Land Reforms, Rohtas, Sasaram. 5.

The Sub Divisional Public Grievance Redressal Officer, Sasaram, Rohtas. 6.

The Circle Office, Sheosagar, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Choubey For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2023 In pursuance to the order of this Court dated 10.2.2023, the Circle Officer, Sheosagar, Rohtas, is present in the Court and has filed a counter affidavit, which is taken on record.

The learned counsel for the RespondentState has referred to an order dated 18.8.2022, passed by the Circle Officer, Sheosagar, to submit that the same has been passed under Section 6(1)

Patna High Court CWJC No.1865 of 2023(3) dt.15-02-2023 2/3 of the Bihar Public Land Encroachment Act, 1956. However, this Court finds that the same is unreasoned and does not depict any application of mind, hence, cannot be stated to be an order by any stretch of imagination under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, thus, is quashed. However, liberty is granted to the petitioner to file appropriate show cause reply within a period of four weeks from today, which shall be considered by the Circle Officer, Sheosagar and a fresh order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 12 of 2022-23, shall be passed, forthwith.

It is needless to state that in case, no show cause reply is filed by the petitioner within a period of four weeks from today, the Circle Officer, Sheosagar shall be free to pass appropriate final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 in connection with Encroachment Case No. 12 of 2022-23 and till passing of the final order, as aforesaid, status quo,

Patna High Court CWJC No.1865 of 2023(3) dt.15-02-2023 3/3 existing as on today qua the house of the petitioner in question, shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U