Mahendra Kumar Jain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6154 of 2018 ====================================================== Mahendra Kumar Jain Son of Sukhdeo Jain, Resident of Mohalla- Khagra, Town, Police Station and District- Kishanganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Kishanganj.

3.

The Circle Officer, Kishanganj.

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

For the Petitioner/s :

Mr.Najmul Hoda, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2022 Though the present writ petition has been filed seeking quashing of the notice dated 04.01.2018, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956") in connection with a Land Encroachment case initiated against the petitioner but it is the submission of the learned counsel for the petitioner that without passing any order under Section 6(1) of the Act, 1956, a notice dated 24.02.2018 under Section 6(2) of the Act, 1956 has been issued, hence, it is submitted that the petitioner be granted liberty to file his show cause reply and the Circle Officer, Kishanganj i.e. the respondent no. 3 be directed to pass final order under Section 6(1) of the Act, 1956.

Accordingly, the present writ petition stands disposed

Patna High Court CWJC No.6154 of 2018(3) dt.01-08-2022 2/2 off with liberty to the petitioner to file appropriate show cause reply in the aforesaid encroachment case initiated against the petitioner, within a period of four weeks from today, whereupon the respondent no. 3 shall consider the same and pass final orders, thereon under Section 6(1) of the Act, 1956, 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 writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U