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Patna High CourtCWJC/9092/2023disposed

Lallan Bharti @ Lalanji Bharti v. The State Of Bihar

2023-12-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9092 of 2023 ====================================================== Lallan Bharti @ Lalanji Bharti S/o Late Mahangu Ram @ Mahangu Rajak, Resident of village - Dariyapur, Police Station - Udwantnagar, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms and Revenue, Government of Bihar, Patna. 2.

The Collector, Bhojpur at Ara.

3.

The Sub-Divisional Officer, Bhojpur at Ara.

4.

The Circle Officer, Udwantnagar, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Prasad Gupta For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) Mr. Atul Shankar, A.C. to S.C.-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-12-2023 Heard the parties.

2. The present application has been filed for issuance of direction for quashing the notice served to the petitioner in Encroachment Case no. 01/2017-18 dated-16.05.2023 issued by the Circle Officer, Udwantnagar, Bhojpur pertaining to land in Mauza Dariyapur, Thana no. 225, Khata no. 262, Kheshra no. 271, 242. The notice states about the removal of encroachment from the above said land on 19.05.2023, otherwise encroachment shall be removed on 20.05.2023 forcibly and cost for the same shall be recovered from the petitioner, without passing any final order in Encroachment Case No. 01/2017-18 as per direction of this Court in C.W.J.C. No. 12058/2018.

Patna High Court CWJC No.9092 of 2023(6) dt.07-12-2023 2/2

3. The petitioner and other similarly situated persons will file an application before the authorities for allotment of land under Bihar Privileged Persons Homestead Tenancy Act.

4. If such an application is filed, the State may consider it favourably within eight weeks in view of the order dated 14.11.2022 passed in C.W.J.C. No. 12058 of 2018.

5. The Authorities will also consider the case of the petitioner and other similarly situated for providing them fund under the Indira Awas Yojna or any other scheme of the State Government or the Central Government.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Saif/- U