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Patna High CourtCWJC/4715/2019disposed

Munni Devi v. The State Of Bihar And ORS

2022-07-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4715 of 2019 ====================================================== Munni Devi W/o Santosh Saw Resident of Village- Dumari Chatti, P.S. Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The Collector Gaya 5.

The Deputy Collector, Land Reforms, Gaya Sadar. 6.

The Sub Divisional Magistrate, Gaya, Sadar.

7.

The Circle Officer, Fatehpur, Gaya.

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

For the Petitioner/s :

Mr.Prashant Kashyap For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2022 The petitioner has approached this Court being aggrieved by a notice dated 17.12.2018, 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. 09 of 2018-19 and it is the case of the petitioner that though the petitioner has filed show cause reply, however no final order has been passed, till date. At this juncture, the learned counsel for the petitioner also seeks liberty to file fresh show cause reply on behalf of the petitioner before the Circle Officer, Fatehpur, Gaya.

Patna High Court CWJC No.4715 of 2019(3) dt.11-07-2022 2/2 Accordingly, the petitioner is granted liberty to file fresh show cause reply to the aforesaid notice dated 17.12.2018, within a period of four weeks from today and in case, such a show cause reply is filed, the Circle Officer, Fatehpur, Gaya shall pass final order under Section 6(1) of the Act, 1956, within a period of eight weeks, thereafter. It is needless to state that for a period of 12 weeks from today, status quo existing as on today, shall be maintained.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U