Krishna Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15105 of 2018 ====================================================== Krishna Singh Son of Vikrma Singh resident of Ward No. - 3, Mangalpur Gudriya, P.S. Nautan, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Bettiah , West Champaran. 3.

The Sub-Divisional Officer, Bettiah, West Champaran. 4.

The Circle Officer, Nautan, West Champaran.

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

For the Petitioner/s :

Mr.Ram Kishun Prasad, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For setting aside the entire proceedings of Encroachment Case No. 02/16-17, as commenced by the Circle Officer, Nautan, West Champaran and also notice dated 07.05.2018, issued under Section 6 of the Bihar Public Land Encroachment Act, 1956, whereby the petitioner has been asked to remove the encroachment within one week from the date of receipt of the notice or otherwise the same will be removed through the process of law and the expenses occurred will be recovered

Patna High Court CWJC No.15105 of 2018(4) dt.11-09-2024 2/3 from the petitioner.

(ii) For restraining the respondent from dispossessing the petitioner till the disposal of the present writ from the land in question."

2.

At the outset, the learned counsel for the respondent-State, on instructions, submits that the notice under Section-6 of the Bihar Public Land Encroachment Act, 1956, issued to the petitioner by the Circle Officer, Nautan, District-West Champaran in connection with Encroachment Case No. 02 of 2016-17, has already stood withdrawn and the respondents do not propose to take any action against the petitioner, at the moment, and in case the respondents so decide to initiate any proceeding against the petitioner, the same would be done only by taking recourse to the due process of law and after issuing due notice to the petitioner. It is directed accordingly.

3.

The learned counsel for the petitioner submits that in case the respondents do not propose to take any action against the petitioner, the present writ petition be disposed off.

4.

Accordingly, the present writ petition

Patna High Court CWJC No.15105 of 2018(4) dt.11-09-2024 3/3 stands disposed off.

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