Alok Kumar @ Munna Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4105 of 2018 ====================================================== Alok Kumar @ Munna Singh son of Late Dr. Udai Narayan Singh resident of Ayachi Nagar, Benta, P.S. Laheriasarai, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Darbhanga.

3.

The Sub-Divisional Officer, Darbhanga Sadar, District - Darbhanga. 4.

Anchal Adhikari Darbhanga Sadar, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2022 Though the present writ petition has been filed for setting aside the notice dated 28.12.2017 issued in Encroachment Case No. 7 of 2017-18 by the Circle Officer, Darbhanga Sadar, District-Darbhanga i.e. the respondent no. 4, however, the learned counsel for the petitioner has restricted his relief to grant of liberty to the petitioner to file show cause reply before the respondent no. 4 and it is submitted that the respondent no. 4 be directed to pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956') inasmuch as though the respondent-State has filed a counter affidavit in the present case but they have failed to produce any order passed under

Patna High Court CWJC No.4105 of 2018(3) dt.26-07-2022 2/2 Section 6(1) of the Act, 1956.

Accordingly, the present writ petition writ petition stands disposed off with liberty to the petitioner to file show cause reply before the respondent no. 4 in connection with Encroachment Case No. 7 of 2017-18, within a period of four weeks from today which shall be considered and appropriate orders under Section 6(1) of the Act, 1956 shall be passed within a period of 12 weeks, thereafter.

It is needless to state that for a period of 16 weeks from today, status quo existing as on today shall be maintained. (Mohit Kumar Shah, J) S.Sb/- U