Patna High CourtCWJC/3544/2019disposed

Pachchu Yadav And ANR v. The State Of Bihar And ORS

2019-02-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3544 of 2019 ======================================================

1. Pachchu Yadav, S/o Nanku Yadav @ Nanka Yadav, Vill.-Pateya, Anchal and P.s.- Fatehpur, Distt.-Gaya

2. Lattu Yadav S/o Late Mangar Yadav Vill.-Pateya, Anchal and P.s.- Fatehpur, Distt.-Gaya ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna

3. The Collector cum District Magistrate, Gaya

4. The Land Reforms Deputy Collector, Gaya

5. The Sub Divisional Magistrate, Gaya

6. The Superintendent of Police, Gaya

7. The Circle Officer, Fatehpur, Gaya

8. Officer-in-charge, Fatehpur Police Station, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2019 Heard the parties.

The petitioners have prayed for quashing the notice dated 19.12.2018 by the Circle Officer, Fatehpur, Gaya, issued under section 3 of the Bihar Public Land Encroachment Act, 1956 in Case No. 13/2018-19, and further notice dated 07.01.2019 for suo moto removal of encroachment till 22.01.2019 issued against the petitioners in respect of Khata No. 61, thana no. 611, plot no. 1019.

The notice issued under section 3 of the Bihar Public Land Encroachment Act, 1956, is under challenge in the present writ

Patna High Court CWJC No.3544 of 2019(2) dt.25-02-2019 2/2 application.

Considering the above, the petitioners are directed to comply with the provisions of Section 4 of the Act and file their objection before the concerned authority within a period of 30 days from today. The concerned respondent authority shall grant opportunity of hearing as provided under Section 5 of the Act and thereafter shall pass final order under Section 6 of the Act in accordance with law.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U