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Patna High CourtCWJC/4532/2021disposed

Bachhu Paswan Alias Bachhu Yadav v. The State Of Bihar

2022-08-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4532 of 2021 ====================================================== Bachhu Paswan alias Bachhu Yadav son of Sunder Paswan alias Sukhdev Yadav resident of Village- Mor (part in Mokamah), P.S. Mokamah, DistrictPatna. ... ... Petitioner/s

Versus

1.

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

Collector of the District, Patna.

3.

Deputy Collector, Land Reforms, Barh, Patna.

4.

Block Development Officer, Mokamah, Patna.

5.

Circle Officer, Mokamah, Patna.

6.

Panchayat Secretary, Mor Panchayat, Mokamah, Patna. 7.

Mukhiya, Mor Panchayat, Mokamah, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-08-2022 Though, the present writ petition has been filed for quashing the 3rd and final notice dated 15.11.2018/ 16.11.2018 issued in connection with Encroachment Case No. 01 of 201617, but the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to file show cause reply in the aforesaid Encroachment Case No. 1 of 2016-17 before the Circle Officer, Mokamah, Patna i.e. the Respondent No.5 and in the meantime he be granted some protection. Having regard to the limited prayer made by the petitioner in the present writ petition, the present writ petition

Patna High Court CWJC No.4532 of 2021(2) dt.26-08-2022 2/2 stands disposed of, however, with liberty to the petitioner to file his show cause reply in the aforesaid Encroachment Case No. 1 of 2016-17, which shall be considered by the Respondent no. 5, only in case no final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 has already been passed, whereafter, appropriate order shall be passed in accordance with law, if not already passed.

It is needless to state that in case no final order u/s 6(1) of the Act, 1956 has been passed in the aforesaid Encroachment Case No. 1 of 2016-17, status quo existing as on today shall be maintained till the passing of the final order. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U