Chhathu Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16164 of 2018 ====================================================== Chhathu Sahni Son of Late Anutha Sahani, resident of Village- Agarwa Belbanwa, P.S.- Nagar, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner, Tirhut Division, Muzaffarpur. 2.

The District Magistrate-cum-Collector, East Champaran. 3.

The Additional Collector, East Champaran, Motihari. 4.

The Sub-Divisional Officer, Sadar, East Champaran, Motihari. 5.

The Sub-Divisional Public Grievance Redressal Office, East Champaran. 6.

The Circle Officer, Motihari, East Champaran. 7.

Sri Shankar Kumar Vatsa, Son of Sri Madan Jha, resident of VillageAgarwa, P.S.- Nagar, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan - SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2022 Though the present writ petition was filed for quashing the encroachment proceeding, initiated vide Encroachment case no. 6 of 2012-13, by the Circle Officer, Motihari, East Champaran i.e. the respondent no. 6, however, the learned counsel appearing for the respondent- State has submitted that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date, nonetheless, in case, the respondent no. 6 intends to proceed with the aforesaid encroachment case, a fresh and legally valid notice should be issued to the petitioner seeking his objection/

Patna High Court CWJC No.16164 of 2018(3) dt.26-09-2022 2/2 reply and only then, the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed, in accordance with law and appropriate action shall be taken accordingly.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U