Dowarika Sao @ Dwaraka Shaw Keshri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6047 of 2019 ====================================================== 1.

Dowarika Sao @ Dwaraka Shaw Keshri Son of Vishun Sao Permanent Resident of Village Pateya, Anchal and P.S. Fatehpur, District-Gaya. At present-11, SNPH Lane, L.R. Sarani So LR Sarani Kolkata, West Bengal pin code-700020 2.

Kailash Sao Son of Vishun Sao Permanent Resident of Village Pateya, Anchal and P.S. Fatehpur, District-Gaya. At present-11, SNPH Lane, L.R. Sarani So LR Sarani Kolkata, West Bengal pin code-700020 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government 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.Rishi Raj Sinha ( Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard the parties.

In the present writ application, the petitioners have prayed for quashing the notice dated 19-12-2018 issued by the Circle Officer, Fatehpur, Gaya under Section 3 the Bihar Public Land Encroachment Act, 1956 in case No. 13/2018-19 and further notice dated 07-01-2019 issued against the petitioners for suo motu removal of encroachment till 22-01-2019 in

Patna High Court CWJC No.6047 of 2019(2) dt.28-03-2019 2/2 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 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, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U