Ashok Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2995 of 2019 ====================================================== Ashok Kumar Verma Sri. Ish Chandra Narayan Verma, resident of Village Bhagwanpur, Anchal and P.S. Bhagwanpur, District- Kaimur, Bhabhuwa. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through the Principle Secretary, Land Revenue Department Govt. of Bihar, Old Secretariat, Patna. 2.

The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.

The District Magistrate, Kaimur at Bhabua.

4.

The Circle Officer, Bhagwanpur, Kaimur at Bhabhua. 5.

The Executive Engineer, Road Construction Department, Kaimur at Bhabua. 6.

The Assistant Engineer, Road Construction Department, Road Division, Bhabhua at Kaimur.

7.

The Assistant Engineer, Public Works Department, Kaimur at Bhabua, District- Kaimur.

8.

The District Land Execution Officer, Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Vardhan Narayan For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-08-2022 Though the present writ petition has been filed for quashing the notice dated 29.1.2019, issued by the Circle Officer, Bhagwanpur, Kaimur at Bhabhua i.e. the Respondent No. 4 in Encroachment Case No. 6/2018-2019, however, the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to file show cause reply in the said Encroachment Case No. 6/2018-2019, nonetheless, seeks some protection, in the meantime.

Patna High Court CWJC No.2995 of 2019(4) dt.08-08-2022 2/2 Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate show cause reply/ objection before the Respondent No. 4 in the aforesaid Encroachment Case No. 6/2018-2019, which shall be considered by the Respondent No. 4 and final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed thereon expeditiously.

It is needless to state that in case, objection / show cause reply is filed by the petitioner before the Respondent No. 4 within a period of four weeks from today, status quo, existing as on today, shall be maintained till the passing of the final order by the Respondent No. 4 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U