Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9000 of 2019 ====================================================== Jitendra Singh S/o Shiv Bihari Singh Vill.- Pipra, P.o.- Kakila, P.s.- Jagdishpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

The Collector Bhojpur at Ara 4.

The Circle Officer Jagdishpur, Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The grievance in the instant case is that the respondents are proceeding ahead to remove the encroachment without proper notice to the petitioner.

Learned counsel for the petitioner submits that notice was issued in the name of grand-father (Nana) of the petitioner and not to this petitioner and as such the petitioner has been deprived of the opportunity of hearing in the proceeding. He submits that the petitioner may be given opportunity of hearing in the land encroachment case and after hearing the parties appropriate order may be passed by the authorities.

Patna High Court CWJC No.9000 of 2019(2) dt.23-04-2019 2/2 Considering the aforesaid, the writ petition is disposed of with direction to the Circle Officer, Jagdishpur, Bhojpur to provide opportunity of hearing and for this purpose he shall fix date of hearing on 8th of May, 2019 and after hearing the petitioner the Circle Officer, Jagdishpur shall pass appropriate order in accordance with law.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U