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Patna High CourtCWJC/3389/2022disposed

Vijay Kumar v. The State Of Bihar

2022-11-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3389 of 2022 ====================================================== Vijay Kumar S/o-Jivan Yadav R/o-Mohalla-Shiv Mandiri, House No.-8, Dujara Purvi Gali, Rajendra Ghat, P.O.-G.P.O., P.S.-Budha Colony, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary of Government of Bihar, Patna.

2.

Commissioner of Patna Municipal Corporation, Mourya Lok Complex, Near Kotwali Thana, New Dak Bunglow Road, Patna-800001. 3.

District Magistrate, Gandhi Maidan, Patna-800001. 4.

Circle Officer, Patna Sadar, Near Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh,Advocate For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2022 Though the present writ petition has been filed for quashing the notice dated 26.11.2021, issued by the Circle Officer- Patna Sadar, under Section 3 of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 36 of 2021-22, however, it is submitted by the learned counsel for the petitioner that the petitioner has already filed his reply vide Annexure-5 to the present writ petition, hence, the Circle Officer, Patna Sadar, be directed to consider the same and pass appropriate orders, in accordance with law. Having regard to the facts and circumstances of the case, I deem it fit and proper, to dispose off the present writ

Patna High Court CWJC No.3389 of 2022(2) dt.28-11-2022 2/2 petition with liberty to the petitioner to file additional objection/reply to the aforesaid notice dated 26.11.2021, within a period of four weeks from today, whereupon the Circle Officer, Patna Sadar, shall consider the same and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, and till then, status quo existing as on today, qua the land/house of the petitioner in question, shall be maintained.

(Mohit Kumar Shah, J) S.Sb/SonalU