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Patna High CourtCWJC/9368/2020disposed

Shankar Lal Jha v. The State Of Bihar

2022-08-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9368 of 2020 ====================================================== Shankar Lal Jha Son of Late Gopal Lal Jha Resident of Madhubani Main Road, Near Distik Juj Jila Nayadhis, Purnea, P.S.- T.O.P. Madhubani (Khajanchi Hat), District- Purnea, Bihar- 854301. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Revenue Department, Government of Bihar, Secretariat, Patna.

2.

The Divisional Commissioner, Purnea, Bihar.

3.

The District Magistrate-cum-District Settlement Officer-cum-District Collector, Purnea, Bihar.

4.

The Additional Collector, Purnea, Bihar.

5.

The Sub-Divisional Magistrate, Purnea, Bihar. 6.

The Deputy Collector, Land Revenue, Purnea.

7.

The Circle Officer-cum-Collector, Purnea East Circle, Purnea, Bihar. 8.

The Assistant Superintendent, District Settlement Office, Purnea, Bihar. 9.

District Kanungo, Purnea, Bihar.

10.

The Municipal Commissioner, Purnea Municipal Corporation, Purnea, Bihar.

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

For the Petitioner/s :

Mr.Shashank Shekhar Sinha, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-08-2022 Though the present writ petition has been filed for quashing the notice dated 08.06.2020 issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter to be referred to as "the Act, 1956") by the Circle Officer, Purnea East Circle, Purnea, Bihar i.e. the respondent no. 7, however the learned counsel for the petitioner has limited the prayer of the petitioner to grant of liberty to file reply to the said

Patna High Court CWJC No.9368 of 2020(2) dt.05-08-2022 2/2 notice dated 08.06.2020, however seeks some protection, in the meantime.

Accordingly, the present writ petition stands disposed off, however with liberty to the petitioner to file objection/ reply in the aforesaid case, within a period of four weeks from today, whereupon the respondent no. 7 shall consider the same and pass final orders under Section 6(1) of the Act, 1956, within a period of twelve weeks, thereafter. It is needless to state that for a period sixteen weeks from today, status quo, existing as on today, shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U