Ram Jee Paswan And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5066 of 2018 ====================================================== 1.
Ram Jee Paswan and Anr Son of Late Chirakut Paswan, 2.
Lal Mohan Paswan, Son of Late Thakur Paswan, both are resident of Village Belaon, P.S. Belaon, District- Kaimur.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
District Magistrate, Kaimur at Bhabua.
4.
Anchal Adhikari, Rampur, District Kaimur at Bhabua. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 151 of 2018 ====================================================== Sonamati Kuer Wife of Late Ghuralet Tiwari, Resident of VillageP.S.- Belaon, Anchal Rampur, District- Kaimur.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
District Magistrate, Kaimur at Bhabua.
4.
Additional Collector, Kaimur at Bhabua.
5.
Anchal Adhikari, Rampur, District- Kaimur.
... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 5066 of 2018) For the Petitioner/s :
Mr.Jitendra Prasad Singh For the Respondent/s :
Mr.Rishi Raj Sinha- Sc19 For the Intervenor :
Mr. Araind Nath Pandey, Adv.
(In Civil Writ Jurisdiction Case No. 151 of 2018) For the Petitioner/s :
Mr.Jitendra Prasad Singh For the Respondent/s :
Mr.Rishi Raj Sinha- Sc19 For the Intervenor :
Mr. Araind Nath Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2022 The aforesaid two cases have been filed
Patna High Court CWJC No.5066 of 2018(3) dt.26-07-2022 2/3 seeking quashing of the notice issued under Section 3 of the Bihar Public Land Encroachment ACt, 1956 in connection with encroachment proceedings bearing Encroachment Case No. 12/2017-18.
At the outset, the learned counsel appearing for the aforesaid petitioners of the two cases has submitted that the petitioners have already filed their objections / show cause reply before the Circle Officer, Rampur, District-Kaimur i.e. the Respondent No. 4 on 5.2.2018 (as far as the first case is concerned) and on 15.11.2017 (as far as the second case is concerned), however, no order has been passed thereon under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and the said encroachment case is still pending. The learned counsel appearing for the Respondent-State submits that in case, the aforesaid encroachment proceedings have not been concluded, the same would definitely be concluded by passing appropriate orders within a period of twelve weeks from today.
Patna High Court CWJC No.5066 of 2018(3) dt.26-07-2022 3/3 Accordingly, the present writ petitions stand disposed of with a direction to the Respondent No. 5 to dispose of the pending encroachment case no. 12/2017-18 by passing appropriate orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.
It is needless to state that till the passing of the final order in the aforesaid encroachment proceedings, status quo, existing as on today, shall be maintained.
The writ petitions stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U