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Patna High CourtCWJC/5212/2022disposed

Laxmikant Jaiswal v. The State Of Bihar

2022-07-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5212 of 2022 ====================================================== 1.

Laxmikant Jaiswal Son of Late Brahmdeo Prasad Jaiswal Resident of Budhimati Nikunj, Near Durga Mandir, Naugachhiya, P.S. Naugachhiya, District- Bhagalpur.

2.

Amnish Kumar Son of Late Bhagwat Singh Resident of Budhimati Nikunj, Near Durga Mandir, Naugachhiya, P.s. Naugachhiya, District- Bhagalpur. 3.

Ravindra Narayan Mandal @ Ravindra mandal Son of Late Biranchi Mandal Resident of Budhimati Nikunj, Near Durga Mandir, Naugachhiya, P.s. Naugachhiya, District- Bhagalpur.

4.

Ram Bilash Chaudhary Son of Borhan Chaudhary Resident of Budhimati Nikunj, Near Durga Mandir, Naugachhiya, P.s. Naugachhiya, DistrictBhagalpur. 5.

Saroj Kumar Singh Son of Late Ram Kishun Singh Resident of Budhimati Nikunj, Near Durga Mandir, Naugachhiya, P.s. Naugachhiya, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Bhagalpur.

3.

The Deputy Collector Land Reform, Bhagalpur.

4.

The Sub - Divisional Officer, Bhagalpur.

5.

The Circle Officer, Naugachhiya, Dist. Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate Mr.Ranjan Kumar Jha, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( Standing Counsel-19 ) Mr. Saurabh Kumar, AC to Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2022 Though the present writ petition was filed for quashing the notice dated 22.02.2022 issued by the Circle Officer, Naugachhiya, District-Bhagalpur i.e. the respondent no. 5 in connection with an Encroachment Case initiated by the respondent no. 5 but the learned counsel for the petitioner has

Patna High Court CWJC No.5212 of 2022(3) dt.21-07-2022 2/2 confined the prayer of the petitioners to grant of liberty to them to file show cause reply afresh before the Circle Officer, Naugachhiya, District-Bhagalpur in the on going Encroachment Case.

Having regard to the limited prayer made by the petitioner, the present writ petition stands disposed off with liberty to the petitioner to file show cause reply within a period of four weeks from today and in case such a reply is filed, the same shall be considered by the respondent no. 5 and final order shall be passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956').

The respondent no. 5 is directed to intimate the case number of the Encroachment Case to the petitioners forthwith. It is needless to state that in case appropriate show cause reply is filed within a period of four weeks from today, status quo existing as on today shall be maintained till the final order is passed by the respondent no. 5.

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