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Patna High CourtCWJC/4655/2020disposed

Sitaram Yadav v. The State Of Bihar

2022-08-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4655 of 2020 ====================================================== 1.

Sitaram Yadav S/o Narayan Gope resident of Village- Kusumaha, P.s.- Chandauti, District- Gaya 2.

Kedar Prasad Yadav S/o Tulsi Yadav resident of Village- Kusumaha, P.s.- Chandauti, District- Gaya 3.

Bhushan Yadav S/o Tulsi Yadav resident of Village- Kusumaha, P.s.- Chandauti, District- Gaya 4.

Gajendra Yadav S/o Tulsi Yadav resident of Village- Kusumaha, P.s.- Chandauti, District- Gaya 5.

Jitendra Yadav S/o Tulsi Yadav resident of Village- Kusumaha, P.s.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Gaya 2.

TheCollector, Gaya 3.

TheAdditional Collector, Gaya 4.

The Circle Officer, Nagar, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-08-2022 Though the present writ petition has been filed for setting aside the notice issued by the Circle Officer, Nagar, Gaya i.e. the respondent no. 4 in Encroachment case no. 33 of 2019-20 as also the subsequent notice issued by the respondent no. 4, whereby and whereunder notice under Section 6(2) of Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956") has been issued for removal of the encroachment in question but the learned counsel for the

Patna High Court CWJC No.4655 of 2020(2) dt.12-08-2022 2/2 petitioner has submitted that since the final order under Section 6(1) of the Act, 1956 has not been passed till date, the respondent no. 4 be directed to pass the same, after considering the show cause reply of the petitioner, which is annexed as Annexure 5 to the present writ petition.

The learned counsel for the respondent- State submits that the aforesaid show cause reply of the petitioner shall definitely be considered by the respondent no. 4 and accordingly, final order under Section 6(1) of the Act, 1956 shall be passed, expeditiously.

Accordingly, the present writ petition stands disposed off with a direction to the respondent no. 4 to consider the aforesaid show cause reply filed by the petitioner and pass final orders under Section 6(1) of the Act, 1956, in accordance with law in the aforesaid Encroachment case no. 33 of 2019-20. Till the final order is passed, it is directed that status quo, existing as on today qua the house of the petitioner, shall be maintained. (Mohit Kumar Shah, J) rinkee/- U