Ishteyak Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9277 of 2023 ====================================================== Ishteyak Ahmad Son of Ozir Khan, resident of Ward No. 10, MauzaRamnagar, Police Station - Ramnagar, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector West Champaran at Bettiah. 2.

The Collector, West Champaran at Bettiah.

3.

The L.R.D.C., West Champaran at Bettiah.

4.

The Circle Officer, Ramnagar, District- West Champaran. 5.

The Executive Officer, Nagar Parishad, Ramnagar, District- West Champaran.

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

For the Petitioner/s :

Ms.Prerna Anand, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2023 Though the present writ petition has been filed for quashing the order dated 17.05.2023, issued under the joint signature of the Officer Incharge, Ramnagar, the Circle Officer, Ramnagar and the Executive Officer, Nagar Parishad, Ramnagar, dated 17.05.2023, however it is the stand of the petitioner that the said order directing the petitioner to clear the encroachment in question, appertaining to land situated at Thana No.619, Khata No.137, Khesra No.632 and 633, MauzaNarainpur of Nagar Parishad, Ramnagar, District-West Champaran, has been issued without granting either any opportunity of filing objections or an opportunity of hearing to

Patna High Court CWJC No.9277 of 2023(2) dt.22-08-2023 2/2 the petitioner herein, hence it is submitted that the petitioner be granted liberty to file his objections, within a period of four weeks from today, whereafter the Executive Officer, Nagar Parishad, Ramnagar, may be directed pass the final order under the provisions of Bihar Municipal Act, 2007.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file his representation/objection to the aforesaid notice dated 17.05.2023, within a period of four weeks from today, which shall be taken into consideration by the Executive Officer, Nagar Parishad, Rampur and a final order shall be passed thereon, in accordance with law, within a period of four weeks, thereafter and till then, status quo, existing as on today qua the land/house of the petitioner in question, shall be maintained. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U