Shambhu Kumar (Advocate) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10721 of 2022 ====================================================== Shambhu Kumar (Advocate) S/o Jawahar Lal Sharma R/o - Gate No.- 52 Ramjanki Mandir, Rajapur Manipura, P.S.- Patliputra, Patna- 800001, Bihar practicing advocate in District Bar Association, Civil Court, Patna having his license number DBA- 8729 and enrollment number - BR/2301/2012. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Sub-Divisional Officer, Patna Sadar, Patna. 5.

The Circle Officer, Patna Sadar, Patna.

6.

The Officer-in-charge, Patliputra Police Station, Patna. 7.

Smt. Gauri Devi W/o- Surendra Prasad R/o- Rajapur, Mainpura, Gate No. 52, P.S.- Patliputra, District- Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Anand, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2023 The present petition has been filed seeking the following relief :- "(i) For issuance of writ of mandamus directing the respondent authorities to cancel the proceedings initiated under Section 3 of Bihar Public Land Encroachment Act on the petitioner, pending as Encroachment case no.

42 of 2021-22, which was communicated to the petitioner by the respondent no. 5 through notice dated 06.05.2022."

Considering the fact that merely a notice under

Patna High Court CWJC No.10721 of 2022(2) dt.01-05-2023 2/2 Section 3 of Bihar Public Land Encroachment Act, 1956 has been issued to the petitioner in Encroachment case no. 42 of 2021-22, pending before the Circle Officer, Patna Sadar, Patna, this Court finds that the present writ petition is pre-mature, hence, the petitioner is granted liberty to approach the respondent- authorities for redressal of his aforesaid grievance. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U