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Patna High CourtCWJC/6595/2024disposed

Chhedi Chowdhary @ Chhedi Chaudhari v. The State Of Bihar

2024-07-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6595 of 2024 ====================================================== Chhedi Chowdhary @ Chhedi Chaudhari S/o Sonelal Choudhari, Resident of Village-Mohammadpur, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Sitamarhi.

3.

The Anchal Adhikari, Bajpatti, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Adv.

For the Respondent/s :

Mrs.Anuradha Singh, SC-21 Mrs.Shatabdi Sinha, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.( ) For issuance of appropriate writ for setting i aside the order dated 14.03.2024 passed by Anchal Adhikari, Bajpatti passed in Encroachment Case No. 7/23-24 whereby the petitioner has wrongly been declared as encroacher and has been directed to vacate the land without supplying him the certified copy of the order.

(ii) For setting aside the notice dated 14.03.2024 issued by Anchal Adhikari Bajpatti whereby without serving the certified copy of the order has directed the petitioner to vacate the land by 05.04.2024.

Patna High Court CWJC No.6595 of 2024(2) dt.01-07-2024 2/2 (iii) For passing further order not to disturb the petitioner's peaceful possession over the plot in dispute."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 14.03.2024, passed by the Circle Officer, Bajpatti, District-Sitamarhi, in connection with Encroachment Case No.7 of 2023-24, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be decided by the Appellate Authority on merits, without being impeded by the issue of limitation.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U