Ram Pravesh Singh v. The State

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3569 of 2022 ====================================================== 1.

Ram Pravesh Singh son of Late Ram Ekbal Singh resident of VillageUddaini, P.S.- Gopalpur, Anchal- Sampatchak, District- Patna. 2.

Guddu Kumar @ Nawal Kishore Kumar son of Ram Pravesh Singh resident of Village- Uddaini, P.S.- Gopalpur, Anchal- Sampatchak, District- Patna. 3.

Appu Kumar son of Sri Chhaggu Singh resident of Village- Uddaini, P.S.- Gopalpur, Anchal- Sampatchak, District- Patna. 4.

Chhaggu Singh son of Sri Late Khelawan Singh resident of VillageUddaini, P.S.- Gopalpur, Anchal- Sampatchak, District- Patna. 5.

Nitish Kumar son of Shyam Narayan Singh resident of Village- Uddaini, P.S.- Gopalpur, Anchal- Sampatchak, District- Patna. ... ... Petitioner/s

Versus

1.

The State through District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The Additional Collector, Patna.

4.

Senior Superintendent of Police, Patna.

5.

Sub- Divisional Officer, Sadar, Patna.

6.

D.C.L.R., Patna Sadar, Patna.

7.

Circle Officer, Sampatchak, Patna.

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

For the Petitioner/s :

Mr.Neelam Kumari For the Respondent/s :

Mr.Raj Kishore Roy (Gp8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2022 Though, the present writ petition has been filed for quashing the notice dated 22.07.2019, issued in connection with Encroachment Case No. 1 of 2017-18, however, it has been pointed out that no final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date. In such view of the matter, the learned counsel for the

Patna High Court CWJC No.3569 of 2022(5) dt.04-08-2022 2/2 petitioner seeks a direction upon the Circle Officer, Sampatchak, Patna i.e. the Respondent No. 7 to pass the final order and in the meantime it is prayed that some protection be granted. The learned counsel for the Respondent State has ensured this Court that the Respondent no. 7 shall pass final order u/s 6(1) of the Bihar Public land Encroachment Act, 1956 within a stipulated time frame.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file his objection/ show cause reply within a period of four weeks from today whereupon the Respondent No. 7 i.e. Circle Officer, Sampatchack, Patna shall pass final order under section 6(1) of the Bihar Public Land Encroachment Act, 1956 within a period of 12 weeks, thereafter. For a period of 16 weeks from today, status quo existing as on today shall be maintained.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Tiwary/- U