Surendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18146 of 2018 ====================================================== Surendra Singh Son of Ramnandan Singh, Resident of Village- Jamuna, P.S.- Imamganj, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Districts Magistrate, Gaya.

3.

The Land Reform Deputy Collector Sherghati, Gaya. 4.

The Circle Officer, Imamganj, Gaya.

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

For the Petitioner/s :

Mr.Bibhuti Narayan For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2019 The learned counsel for the petitioner submits that without passing the final order under Section 6 of the Bihar Public Land Encroachment Act, 1956, the Circle Officer, Imamganj, Gaya has directed the petitioner to remove the encroachment over the land situated in village Jamuna Thana No. 200, P.S. Imamganj, C.S. Plot No. 144, Area 875 sq. feet and 679.8 sq feet, hence the petitioner be granted liberty to file fresh objection and the Circle Officer, Imamganj, Gaya be directed to consider the objection of the petitioner and pass a final order under Section 6 of the Bihar Public Land Encroachment Act,1956, before displacing the petitioner. Having regard to the submissions made by the learned

Patna High Court CWJC No.18146 of 2018(4) dt.16-07-2019 2/2 counsel for the petitioner and not disputed by the learned counsel for the respondents, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file objection, if any, within a period of four weeks from today in the on going Encroachment Case No. 01 of 2018-19 before the Circle Officer, Imamganj, Gaya, whereupon the Circle Officer shall take a final decision after considering the objection of the petitioner herein.

It is needless to state that status quo existing as on today, shall be maintained till the final order is passed by the Circle Officer, Imamganj, Gaya upon consideration of the objection of the petitioner herein.

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