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Patna High CourtCWJC/8211/2023disposed

Chanda Devi @ Chando Devi v. The State Of Bihar

2023-07-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8211 of 2023 ====================================================== 1.

Chanda Devi @ Chando Devi W/O Late Munshi Paswan, Resident of Shish Mahal Masjid, Diwan Mohalla, P.S.- Khajenkala, Dist- Patna. 2.

Renu Kumari D/O late Munshi Paswan, W/O Lalendra Paswan, Resident of Shish Mahal Masjid, Diwan Mohalla, P.S.- Khajenkala, Dist- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Land Reforms and Revenue Department, Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Deputy Collector, Land Reforms, Patna Sadar, Patna. 5.

The Circle Officer, Patna Sadar, Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 03-07-2023 The present writ petition has been filed for quashing the notice dated 25.5.2023, issued by the Circle Officer, Patna Sadar, Patna, in connection with Encroachment Case No. 10 of 2022-23, whereby and whereunder the petitioner has been directed to remove the encroachment in question, from the land which belongs to the petitioners.

At the outset, the learned learned counsel for the respondent-State has referred to the counter affidavit, filed in the present case, to submit that the learned Court of Additional Collector, Patna, by an order dated 18.5.2023, passed in

Patna High Court CWJC No.8211 of 2023 dt.03-07-2023 2/2 Jamabandi Cancellation Case No. 208 of 2022-23, has already cancelled the Jamabandi of the petitioners and thereafter, the Circle Officer, Patna Sadar, Patna, by an order dated 25.5.2023, passed in Encroachment Case No. 10 of 2022-23, has passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, declaring the petitioners to be encroachers.

In view of the aforesaid, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to assail the aforesaid two orders dated 18.5.2023 and 25.5.2023. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 8.7.2023 Transmission Date NA