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Patna High CourtCWJC/5844/2019disposed

Tilak Yadav And ORS v. The State Of Bihar And ORS

2019-03-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5844 of 2019 ====================================================== 1.

Tilak Yadav Son of Late Yugal Yadav Resident of village Pateya, Anchal and P.S. Fatehpur, District-Gaya.

2.

Gariban Yadav Son of Late Yugal Yadav Resident of village Pateya, Anchal and P.S. Fatehpur, District-Gaya.

... ... Petitioners

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. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Respondent/s :

Mr.Raj Kishore Roy (GP18) ====================================================== 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 respect of Khata No. 61, Thana No. 611, Plot No. 1019.

Patna High Court CWJC No.5844 of 2019(2) dt.28-03-2019 2/2 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