Kumar Hare Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6865 of 2021 ====================================================== Kumar Hare Ram S/o Late Dr. Arvind Kumar Resident of village- Katri Sarai, P.S.- Katri Sarai, Dist.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through The Secretary, Land Reforms, Bihar, Patna 2.

The District Magistrate, Nalanda 3.

The S. D. O. Nalanda 4.

The D. C. L. R. Nalanda 5.

The Circle Officer, Katrisarai, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Advocate For the Respondent/s :

Mr.Khurshid Alam, AAG 12 :

Mr. Ebadur Rahman Shakeb, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-09-2022 Though the present writ petition has been filed for quashing the notice dated 04.01.2021, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956"), in connection with Encroachment case no. 4 of 2020-21, however, it is the submission of the learned counsel for the petitioner that the petitioner has already filed a reply to the said notice dated 04.01.2021, which is annexed as Annexure 4 to the present writ petition, hence, the same be directed to be considered by the Circle Officer, Katrisarai, Nalanda i.e. the respondent no. 5 and till then, the petitioner be not disturbed, as far as occupation of

Patna High Court CWJC No.6865 of 2021(2) dt.14-09-2022 2/2 the land in question is concerned.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the writ petition, however, with a direction to the respondent no. 5 to consider the reply of the petitioner and pass the final order under Section 6(1) of the Act, 1956 in connection with Encroachment case no. 4 of 2020-21, and till the passing of the final order, it is directed that status quo existing as on today qua the land/ plot of the petitioner, shall be maintained. (Mohit Kumar Shah, J) rinkee/- U