Lakhanjee Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6515 of 2022 ====================================================== 1.

Lakhanjee Bhagat Son of Late Ram Prasad Bhagat, Resident of Village - Ward No. 3, Saleempur Pokhar, Salempur, Bhajparaul, P.S. - Bisfi, District - Madhubani.

2.

Pawan Bhagat Son of Late Ram Prasad Bhagat Resident of Village - Ward No. 3, Saleempur Pokhar, Salempur, Bhajparaul, P.S. - Bisfi, District - Madhubani.

3.

Rajeev Bhagat Son of Umesh Bhagat, Resident of Village - ward No. 3, Saleempur Pokhar, Salempur, Bhajparaul, P.S.- Bisfi, District - Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Madhubani.

3.

Sub-Divisional Officer, Benipatti, District- Madhubani. 4.

The Circle Officer, Bisfi.

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 At the outset, the learned counsel for the petitioners seeks permission to correct the depiction of the Respondent No. 4 during the course of the day. Permission, so sought, is granted. Let the needful be done during the course of the day.

The present writ petition has been filed

Patna High Court CWJC No.6515 of 2022(2) dt.05-12-2022 2/3 seeking quashing of the notice dated 20.1.2022, issued by the Respondent No. 4 to the petitioners, asking them to file their show cause reply.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file necessary objections / reply to the aforesaid notice dated 20.1.2022, within a period of four weeks from today, however, seeks some protection till the final order is passed by the Respondent No. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to file their reply / objections to the aforesaid notice dated 20.1.2022, within a period of four weeks from today, which shall be considered, in accordance with law and a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed thereon by the Respondent No. 4 and till then, status quo, existing as on today qua the land / houses of the petitioners in question, shall be maintained.

Patna High Court CWJC No.6515 of 2022(2) dt.05-12-2022 3/3 The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU