Sugriv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5828 of 2023 ====================================================== Sugriv Singh Son of Late Sitaram Singh, Resident of Village- Bhore, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, District- Gopalganj. 3.

The Circle Officer, Anchal- Bhore, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Setu Prateek For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023 The present writ petition has been filed seeking the following relief:- "1. For Issuance of an appropriate writ in the nature of Certiorari to quash the notices dated 26/10/2022 and 15/11/2022 passed by respondent no.

3 against the petitioner which were issued under section 3 of the Bihar Public Land Encroachment Act, 1956 arising out of Land Encroachment Case No. 09 of 2022/2023 directing the petitioner to show cause as to why the petitioner has encroached upon the Land bearing Mauza- Bhore, Khata No.

317, Khesra No. 2087 measuring total area 7 1⁄2 Dhurs in the circumstances set forth below."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.5828 of 2023 (2) dt.16-10-2023 2/3 petitioner submits that the petitioner be granted liberty to file objection to the notice issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Bhore, DistrictGopalganj, in connection with Encroachment Case No. 09 of 2022-23 and the Circle Officer, Bhore be directed to consider the same and pass final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), in accordance with law.

3.

Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to file his representation/objection to the notice issued by the Circle Officer, Bhore under Section 3 of the Act, 1956 in connection with Encroachment Case No. 09 of 2022-23, within a period of four weeks from today, whereupon the Circle Officer, Bhore shall consider the same and pass the final order under Section 6(1) of the Act, 1956, within a period of four weeks, thereafter and till then status quo existing as on today qua the land/house of the

Patna High Court CWJC No.5828 of 2023 (2) dt.16-10-2023 3/3 petitioner in question, shall be maintained.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U