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Patna High CourtCWJC/11651/2018disposed

Md. Jakir Ansari @ Md. Jakir v. The State Of Bihar And ORS

2022-09-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11651 of 2018 ====================================================== Md. Jakir Ansari @ Md. Jakir S/o Late Md. Yasin Ansari, R/o MohallaBhawani Jirat, P.S.- Motihari Town, Dist- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna 2.

The State of Bihar through District Magistrate Motihari, East Champaran. 3.

The S.D.M. Motihari, East Champaran.

4.

The Circle Officer, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

Mr.Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 Though the present writ petition has been filed for quashing the notice dated 20.4.2018, issued by the Circle Officer, Motihari, East Champaran in connection with Encroachment Case No. 1/2017-2018, but it has transpired from the records of the present writ petition that neither any opportunity of filing show cause reply has been given to the petitioner nor any final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date.

In such view of the matter, this Court deems it fit and proper to dispose of the present

Patna High Court CWJC No.11651 of 2018(4) dt.06-09-2022 2/2 writ petition with liberty to the petitioner to file appropriate objection / show cause reply before the Circle Officer, Motihari, East Champaran i.e. the Respondent No. 4 within a period of four weeks from today in connection with Encroachment Case No. 1/2017-2018, which shall be considered by the Respondent No. 4 and final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed within a period of twelve weeks, thereafter.

It is needless to state that for a period of sixteen weeks from today, status quo, existing as on today, shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U