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Patna High CourtCWJC/15552/2018disposed

Rajendar Jandar v. The State Of Bihar And ORS

2018-12-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15552 of 2018 ====================================================== Rajendar Jandar, Son of Kishun Jandar, Resident of Village- Bhaduar, Post & P.S.- Dewdha, District- Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Madhubani.

3. The Circle Officer- Jainagar, District- Madhubani.

4. Saukhi Jandar, Son of Madhuri Jandar, Resident of Village- Bhaduar, Post & P.S.- Dewdha, District- Madhubani.

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

For the Petitioner/s :

Mr. Gopal Jha Mr. Rajesh Kumar Verma Mr. Shreepal Jha For the Respondent/s :

Mr. Mukul Prasad -A.C. to G.P.18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner.

The petitioner has filed this writ petition to quash the notice dated 29.07.2018 issued by the C.O., Jainagar, Madhubani by which the C.O., Jainagar asked the petitioner to vacate the land bearing Khesra No.1753, Khata No.394 measuring 4 decimals situated in Mauza-Bhadaur. Learned counsel for the petitioner submits that house of the petitioner is situated on the aforesaid land of Gairmajarua Sarv Sadharan for last more than 150 years, therefore, the notice is bad but from perusal of the notice itself, it appears that a proceeding has been initiated for removal of encroachment from the public land and the petitioner is called upon to show that

Patna High Court CWJC No.15552 of 2018(2) dt.06-12-2018 2/2 why the encroachment from the public land be not removed. Therefore, I direct the petitioner to appear before the C.O. and file his reply. C.O. shall after considering the reply of the petitioner dispose of the case with reasoned order within six months from the date of receipt of this order. With the aforesaid observation, this writ petition is disposed of. (Prabhat Kumar Jha, J) Saurabh/- U