Kishori Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3723 of 2018 ====================================================== Kishori Sah Son of Late Shiv Sah, Resident of Village- Sargatiya, P.S. Gopalpur, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, Bettiah.
3.
The Circle Officer, Sikta.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhagya Narayan Jha, Advocate For the Respondent/s :
Mr.Subhash Chandra Yadav -Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2022 Though the present writ petition has been filed for quashing the notice dated 26.02.2018, issued by the Circle Officer, Sikta, West Champaran i.e. the respondent no. 3 in Encroachment case no. 18 of 2017-18, however the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to file show cause reply before the respondent no. 3 and issuance of direction to the said authority to take a final decision by passing appropriate orders under Section 6(1) of Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the "Act, 1956"). Accordingly, the present writ petition stands disposed off, however with liberty to the petitioner to file appropriate show cause reply in the aforesaid Encroachment case no. 18 of
Patna High Court CWJC No.3723 of 2018(3) dt.26-07-2022 2/2 2017-18 before the respondent no. 3, within a period of four weeks from today, which shall be considered in accordance with law and appropriate final order under Section 6(1) of the Act, 1956 shall be passed by the respondent no. 3, 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.
The present writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) rinkee/- U