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Patna High CourtCWJC/6773/2020disposed

Ram Kishore Das, v. The State Of Bihar

2024-12-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6773 of 2020 ====================================================== Ram Kishore Das, Son of Late Ram Prasad Das, Resident of village - Ekdari, P.S.- Chhauratano, District- East Champaran.

... ... Petitioner

Versus

1.

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

The Bihar State Religious Trust Board through its Secretary/ President. 3.

The District Magistrate, East Champaran, Motihari. 4.

The Assistant Collector, East Champaran, Motihari. 5.

The Deputy Collector Land Reforms, Raxaul, East Champaran. 6.

The Sub-Divisional Officer, Raxaul, East Champaran. 7.

The Circle Officer, Chhauradano, East Champaran. 8.

The Circle Amin, Chhauradano Circle, East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Subash Chandra Yadav, Gp- 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2024 The present writ petition has been filed for quashing the notice dated 10.10.2019, issued by the Circle Officer, Chhauradano, East Champaran at Motihari i.e. the respondent no.7, under Section 3 of the Bihar Public Land Encroachment Act, 1956 in connection with Encroachment Case No.09 of 2019. The petitioner has also prayed for quashing of the orders dated 30.11.2019 and 24.12.2019, passed by the respondent no.7 in the aforesaid encroachment case.

2. At the outset, the learned counsel for the

Patna High Court CWJC No.6773 of 2020(3) dt.11-12-2024 2/2 respondent-State has fairly admitted by referring to paragraph no.6 of the counter affidavit filed in the present case that the proposal for cancellation of settlement as also for cancellation of Jamabandi, qua the petitioner herein, has been sent to the concerned authority, hence appropriate action for removal of the encroachment in question shall be taken only after the settlement/Jamabandi, qua the petitioner herein, is cancelled. It is directed accordingly.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Suruchi/- U