Kusum Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3659 of 2023 ====================================================== Kusum Lal Yadav son of Late Raboni Yadav, Resident of village- Jaja Malikpur, P.O.- Kurhela Bobra, P.S.- Kadwa, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Collector, Katihar.

3.

The Additional Collector, Land Reforms, Katihar. 4.

The Deputy Collector, Land Reforms, Barsoi, Katihar. 5.

The Sub-Divisional Officer, Barsoi, Katihar.

6.

The Circle Officer, Azamnagar, Katihar.

7.

Harendra Kumar Yadav @ Pintu Yadav son of Girja Shankar Yadav, Resident of Village- Raghunathpur, Post Office- Barsoi, Police StationBarsoi, District- Katihar, so called Secretary of Baba Gorakhnath Dham, Gorakhpur, Azam Nagar Block, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 Though the present writ petition has been filed for quashing the notice dated 10.02.2023, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956, (hereinafter referred to as 'the Act, 1956'), by the Circle Officer, Azamnagar, Katihar, in connection with Encroachment Case No.16/2022-23, however, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate show-cause reply to the said notice dated 10.02.2023 and in the meantime, seeks some protection.

Patna High Court CWJC No.3659 of 2023(2) dt.22-03-2023 2/2 Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file appropriate reply to the aforesaid notice dated 10.02.2023, within a period of four weeks from today, whereupon the Circle Officer, Azamnagar, Katihar shall consider the same and pass appropriate order under Section 6(1) of the Act, 1956, in accordance with law, within a period of six weeks, thereafter and till then, status quo existing as on today qua the land/ structures standing on the premises of the petitioner shall be maintained. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/Saurav U