Namita Akhauri @ Anita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21014 of 2018 ====================================================== Namita Akhauri @ Anita Devi Wife of Akhauri Niranjan Resident of Mohalla-Bahuar Chaura,Police Station Vishnupad Distt.-Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector Gaya 3.

The Circle Officer Town Block Gaya 4.

Baijnath Sharma Son of Sarju Singh Resident of Mohalla Chandchaura Police Station Vishnupad,Distt.-Gaya the so-called Secretary Bahuar Chaura Public Trust Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Respondent/s :

Mr.Kinkar Kumar -Sc9 Ms. Deepika Sharma, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 Though the present writ petition has been filed for quashing the notice dated nil, issued in connection with Encroachment Case No. 15/20122013, by the Circle Officer, Town Block Gaya and the order dated 3.8.2018 passed by the District Magistrate, Gaya in a case bearing Encroachment Case No. 9/2017, whereby and whereunder the appeal has been held to be not maintainable inasmuch as the petitioner had filed the appeal

Patna High Court CWJC No.21014 of 2018(2) dt.06-09-2022 2/3 against a notice, issued to the petitioner, however, the learned counsel for the petitioner prays that the petitioner be granted an opportunity to appear before the Circle Officer, Town Block Gaya & present his defence.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate written statement/ objections before the Circle Officer, Town Block Gaya in connection with Encroachment Case No. 15/20122013 within a period of six weeks from today, whereupon the Circle Officer, Town Block Gaya shall consider the same & pass appropriate final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of twelve weeks, thereafter.

Consequently, this Court holds the notice issued to the petitioner in connection with Encroachment Case No. 15/2012-2013, annexed as Annexure-1 to the present writ petition, to be redundant and void.

Patna High Court CWJC No.21014 of 2018(2) dt.06-09-2022 3/3 It is needless to state that for a period of eighteen weeks from today, status quo, existing as on today, shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U