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Patna High CourtCWJC/334/2019disposed

Anil Paswan v. The State Of Bihar And ORS

2019-12-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.334 of 2019 ====================================================== Anil Paswan son of Charitra Paswan, resident of Village- Mor part in Mokamah, P.S. Mokamah, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Collector of the District, Patna.

3.

Deputy Collector, Land Reforms, Barh, Patna.

4.

Block Development Officer, Mokamah, Patna.

5.

Panchayat Secretary, Mor Panchayat, Mokamah, Patna. 6.

Mukhiya, Mor Panchayat, Mokamah, Patna.

7.

Circle Officer, Mokamah, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Akhilesh Kr. Sinha -Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-12-2019 Learned counsel for the petitioner submits that similar issue was considered by a coordinate Bench of this Court in C.W.J.C. No. 23762 of 2018. However, in order to maintain consistency, the Court is inclined to dispose of the present writ application in the light of order dated 13.8.2019 passed in C.W.J.C. No. 23762 of 2018.

The relevant part of the order is quoted below:- "Having regard to the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, I deem it fit and proper to dispose off the present writ petition with

Patna High Court CWJC No.334 of 2019(2) dt.04-12-2019 2/2 liberty to the petitioner to approach the Circle Officer, Mokamah (Patna) and file an objection within a period of four weeks from today in connection with Encroachment Case No. 01 of 2016-17, which shall be considered by the Circle Officer, Mokamah in accordance with the provisions contained in the Act, 1956 and final orders under section 6 of the Act, 1956, shall be passed.

It is needless to state that in case no objection is filed by the petitioner within a period of four weeks from today, the Circle Officer, Mokamah, shall pass ex parte orders.

Till the passing of the final order by the Circle Officer, Mokamah under section 6 of the Act, 1956, status quo existing as on today, shall be maintained."

(Anil Kumar Upadhyay, J) Ravi/- U