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Patna High CourtCWJC/5255/2020disposed

Upendra Bhagat v. The State Of Bihar

2022-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5255 of 2020 ====================================================== 1.

Upendra Bhagat S/o Late Kameshwar Bhagat resident of Village- Pindara, P.S.- Sahajitpur, District- Saran.

2.

Rampravesh Bhagat S/o Late Meghu Bhagat resident of Village- Pindara, P.S.- Sahajitpur, District- Saran.

3.

Vidhya Bhagat S/o Late Murari Bhagat resident of Village- Pindara, P.S.- Sahajitpur, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum- District Magistrate, Saran at Chapra.

2.

The Collector-cum- District Magistrate, Saran at Chapra. 3.

The Sub- Divisional Officer, Chapra, Dist.- Saran. 4.

The Circle Officer, Baniyapur Block, Baniyapur, District- Saran. 5.

The Officer-in- Charge, Sahajitpur Police Station, Sahajitpur, DistrictSaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar,Advocate For the Respondent/s :

Mr.Majid Mahboob Khan,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2022 The present writ petition has been filed seeking to challenge the notice dated 06.07.2019, issued by the Circle Officer, Baniyapur, District- Saran, in connection with Encroachment Case No. 11 of 2019-20, however, it has been admitted by the respondents that no order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has been passed till date, hence this Court deems it fit and proper to grant liberty to the petitioners to file their objection/ show cause reply to the said notice dated 06.07.219, within a period of four weeks from

Patna High Court CWJC No.5255 of 2020(2) dt.17-10-2022 2/2 today, whereupon the Circle Officer, Baniyapur, District- Saran, shall consider the same and pass appropriate final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, copy whereof shall be served upon the petitioners herein. It is needless to state that till the final order is passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, by the Circle Officer, Baniyapur, District-Saran, status quo existing as on today qua the plot/house of the petitioners, shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU