Pawan Kumar Chaudhary Alias Pawan Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12291 of 2018 ====================================================== Pawan Kumar Chaudhary Alias Pawan Singh Son of late Chakradhar Chaudhary Resident of Near Old Petrol Pump, Rajguru, Tarapur, P.O. and P.S. Tarapur, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Circle Officer, Tarapur, Munger.

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

For the Petitioner/s :

Mr.Sudhir Kumar Bijpuria, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2024 Though the present writ petition has been filed for quashing the notice dated 18.06.2018, issued by the Circle Officer, Tarapur, District-Munger i.e. the respondent no. 2 in Encroachment Case No. 10 of 2018-19, by which the petitioner has been directed to remove the encroachment in question, however, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case, that the Circle Officer, Tarapur has already passed the final order dated 18.06.2018, in connection with Encroachment Case No. 10 of 2018-19, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act', 1956), hence in case the petitioner is aggrieved

Patna High Court CWJC No.12291 of 2018(6) dt.24-09-2024 2/2 by the same, he may challenge the same, by filing appropriate appeal under Section 11 of the Act, 1956.

2.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition, however, with liberty to the petitioner to challenge the aforesaid order dated 18.06.2018, by filing appropriate appeal, if so advised.

(Mohit Kumar Shah, J) S.Sb/- U