Uma Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3337 of 2020 ====================================================== Uma Shankar Rai Son of Late Fauzdar Rai Resident of Village- Chakdah Pachdahi, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Land Revenue, Government of Bihar, Patna.

3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur, District- Muzaffarpur. 5.

The Sub-Divisional Officer, East Muzaffarpur, District- Muzaffarpur. 6.

The Circle Officer, Sakra, District- Muzaffarpur. 7.

The Anchal Amin, Sakra, District- Muzaffarpur. 8.

Pankaj Kumar Son of Uma Shankar Prasad Singh Resident of VillageMadhkaul, P.S.- Belsand, District- Sitamarhi at present posted as Circle Officer Sakra, District- Muzaffarpur.

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

For the Petitioner/s :

Mr.Md. Anis Akhtar, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.[A] For issuance of an appropriate writ order or direction quashing the notice dated 17-012020 (Annexure- 9) issued under sub-section-2 of Section-6 of the Bihar Public Land Encroachment Act, 1956, whereby, without passing any final order and without initiating any proper proceeding under the Bihar Public Land Encroachment Act, 1956, the petitioner has been directed to remove the alleged encroachment

Patna High Court CWJC No.3337 of 2020(3) dt.20-11-2024 2/3 made over government land, appertaining to Khata No-162, Khesra No-326, without disclosing the area, which is against law, arbitrary and in complete violation of the principles of natural justice.

[B] For issuance of an appropriate writ order or direction, directing the respondents not to interfere in the peaceful possession of the petitioner over his own raiyati land.

[C] For issuance of an appropriate writ order or direction, directing the respondents not to declare the petitioner as encroacher over the land in dispute, without initiating properly constituted proceeding, in accordance with law."

2. Though a counter affidavit has been filed in the present case by the District Magistrate, Muzaffarpur, however, no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act, 1956'), in connection with Encroachment Case No.1 of 201920, initiated by the Circle Officer, Sakra, District- Muzaffarpur has been brought on record of the present case, which gives rise to the presumption that no such order is in existence.

3. In view of the aforesaid, the learned counsel for the petitioner submits that the petitioner be granted fresh opportunity to file his objection before the Circle Officer, Sakra,

Patna High Court CWJC No.3337 of 2020(3) dt.20-11-2024 3/3 District- Muzaffarpur, in the aforesaid Encroachment Case No.1 of 2019-20, whereupon the Circle Officer, Sakra, DistrictMuzaffarpur be directed to consider the same, in accordance with law and pass the final order under Section 6(1) of the Act, 1956. Liberty so sought is granted.

4. It is needless to state that in case appropriate objection/representation is filed before the Circle Officer, Sakra, District-Muzaffarpur, in connection with Encroachment Case No.1 of 2019-20, within a period of four weeks from today, the same shall be considered by the Circle Officer, Sakra, DistrictMuzaffarpur, in accordance with law and the final order under Section 6(1) of the Act, 1956 shall be passed, forthwith and till then no coercive action shall be taken against the petitioner.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U