Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4346 of 2023 ====================================================== Rajendra Mandal Son of Late Ayodhya Mandal, resident of village- Mahgama @ Mahgaowa, P.S. Mahgama @ Mahgaowa, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Munger.

3.

The District Magistrate-cum-Collector, Munger. 4.

The Additional District Magistrate (Revenue and Land Reforms Officer), Munger.

5.

The Deputy Collector, Land Reforms, Munger.

6.

The Sub-Divisional Officer, Munger.

7.

The Circle Officer-cum- Collector (under the Public Land Encroachment Act), Dharhara, Munger.

8.

The Officer-in-Charge, Dharhara Police Station, P.O. Dharhara, District - Munger.

9.

The Halka Karamchari, Gram Panchayat Raj, Mahgama, P.S. Dharhara, District - Munger.

10.

The Officer -in-Charge, Laraiyatandr, Police Station, P.O. Ghatwari (Mahgama), District - Munger.

11.

The Anchal Amin Concerned Gram Panchayat Raj, Mahgama, P.S. Dharhara, District- Munger.

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023

1. Though the present writ petition has been filed seeking quashing of the notice dated 19.07.2021, issued by the Circle Officer, Dharhara, District-Munger, under Section 3 of the Bihar Public Land Encroachment Act, 1956, in connection with the encroachment proceedings in question, but the learned

Patna High Court CWJC No.4346 of 2023(2) dt.09-10-2023 2/2 counsel for the petitioner seeks liberty on behalf of the petitioner to file his objections, annexing relevant documents, showing that the petitioner is residing over the land/house in question since a long time, however seeks a direction upon the Circle Officer, Fatua, District-Patna to consider the same and pass the final order, thereafter.

2. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file his objections to the aforesaid notice dated 19.07.2021, annexing all the documents, which he seeks to rely upon, within a period of six weeks from today, whereupon, the Circle Officer, Dharhara, District-Munger is directed to consider the same and pass a reasoned and a speaking order, in accordance with law under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, forthwith, in case the same has not already been passed.

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

(Mohit Kumar Shah, J) sonal/- U