Chanddra Bhushan Sharma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2496 of 2019 ======================================================
1. Chanddra Bhushan Sharma, aged about 63 Years, Gender-Male, Son of Late Binda Singh, Resident of Village- Neema, P.O.- Nadwan, P.S.- Dhanrua, District- Patna,
2. Jagdish Sharma, aged about 65 Years, Gender-Male, Son of Ramta Sharma, Resident of Village- Neema, P.O.- Nadwan, P.S.- Dhanrua, District- Patna.
3. Chitranjan Sharma, aged about 48 Years, Gender-Male, Resident of VillageNeema, P.O.- Nadwan, P.S.- Dhanrua, District- Patna. ... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.
2. The Divisional Commissioner, Patna Division, Patna.
3. The District Magistrate, Patna.
4. The Additional Collector, Patna.
5. The Sub Divisional Officer, Masaurhi, Patna.
6. The Deputy Collector Land Reforms, Masaurhi, Patna.
7. The Circle Officer, Dhanrua, Patna.
8. Rahul Kumar @ Rahul Raj Sharma, S/o Late Sidhnath Sharma, Resident of Village- Neema, P.O.- Nadwan, P.S.- Dhanrua, District- Patna. ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr.Dshirendra Kumar Trivedi, Advocate.
For the Respondents :
Mr.Raj Kishore Roy, G.P. 18.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 The present writ application has been filed on behalf of the petitioners for issuance of an appropriate orders, directions including a writ preferably in the nature of CERTIORARI for quashing the notice dated 15.01.2019, issued by the Circle Officer, Dhanrua, in exercise of powers conferred to him under Section 3(1) of the Bihar Public Land Encroachment Act, 1956 whereby and whereunder he has directed the petitioner no. 1 to give show cause as to why
Patna High Court CWJC No.2496 of 2019(2) dt.15-02-2019 2/3 encroachment should not be removed from the Gairmazarua Aam land appertaining to Khata No. 221, Kheshra No. 697, Area 58' X 12.5' =725 Sq. Feet approximately 1.664 Dec. situated in Mauza-Neema, P.S. Dhanarua, District-Patna, in connection with Encroachment Case No. 7/2018-19 and also to direct the Circle Officer, Dhanrua, to pass appropriate order/s in accordance with the provision as contained in Bihar Public Land Encroachment Act, 1956 without being prejudiced by the order passed by this Hon'ble Court in C.W.J.C. No. 3556 of 2016 and M.J.C. No. 2731 of 2018 disposed of on 22.03.2018 and 07.08.2018 respectively whereby and whereunder direction has been given to expedite the hearing of Encroachment Case No. 60 of 2016-17 after hearing all concerned preferably within a period of three months from the date of receipt/production of copy of the order.
A notice was issued upon the petitioners under Section 3 of the Bihar Public Land Encroachment Act. After some arguments, learned counsel for the petitioners seeks permission to withdraw the present writ application with a liberty to file necessary documents/papers/reply in respect of the property in question under Section 4 of the Bihar Public Land Encroachment Act.
Patna High Court CWJC No.2496 of 2019(2) dt.15-02-2019 3/3 Permission is accorded.
The present writ application stands dismissed as withdrawn with the aforesaid liberty.
(Sudhir Singh, J) U.K./- U