Omprakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4053 of 2023 ====================================================== 1.

Omprakash Yadav S/o Ramdayal Yadav, Resident of Village-Ramgarhwa, P.S.-Kuchaikote, District-Gopalganj.

2.

Guddu Alam @ Guddu Miya S/o Ashim Miya, Resident of VillageRamgarhwa, P.S.-Kuchaikote, District-Gopalganj. 3.

Tasauwar Miyan Nat @ Tasauwar Nat S/o Ismail Nat, Resident of VillageRamgarhwa, P.S.-Kuchaikote, District-Gopalganj. 4.

Rampravesh Yadav @ Rampravesh Chaudhari S/o Dhrup Yadav @ Dhrup Chaudhari, Resident of Village-Ramgarhwa, P.S.-Kuchaikote, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Dy. Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector and District Magistrate, Gopalganj. 4.

The Sub-Divisional Officer, Kuchaikote, Gopalganj. 5.

The Circle Officer, Kuchaikote, Gopalganj.

6.

The Anchal Amin, Kuchaikote Anchal, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023 Though the present writ petition has been filed for quashing of the notice dated 15.12.2022 issued by the Circle Officer, Kuchaikote, DistrictGopalganj under Section 3 of the Bihar Public Land Encroachment Act, 1956 in connection with Encroachment Case No. 31 of 2022-23, however, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file their objections, annexing documents regarding the land in question having been settled in their favour long back,

Patna High Court CWJC No.4053 of 2023(2) dt.09-10-2023 2/2 nonetheless, seeks a direction upon the Circle Officer, Kuchaikote, District-Gopalganj to consider the same and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, thereafter.

2.

Having regard to the limited prayer made by the petitioners in the present writ petition, I deem it fit and proper to grant liberty to the petitioners to file their objections within a period of four weeks from today, in the aforesaid Encroachment Case No. 31 of 2022-23, which shall be considered by the Circle Officer, Kuchaikote, District-Gopalganj and a reasoned and a speaking order under Section 6(1) of Bihar Public Land Encroachment Act, 1956, shall be passed thereon forthwith, in case the same has not already been passed.

3.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U