Ashok Kumar @ Ashok Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10370 of 2023 ====================================================== Ashok Kumar @ Ashok Vishwakarma Son of Late Lakshman Vishwakarma @ Lakshman Mistri Resident of Mohalla- Kirani Ghat river side road, Gaya, Police Station- Kotwali in the district of Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

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

3.

The Divisional Commissioner, Magadh Division, Gaya. 4.

The District Magistrate-cum-Collector, Gaya.

5.

The Circle Officer, Town Gaya in the district of Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2023 The present writ petition has been filed seeking the following relief:- "1(I). To quash the Notice dated 10.10.2022 issued under the signature of Circle Officer, Town, Gaya in Encroachment Case No. 19 of 2022-23 by which the petitioner has been communicated that he has encroached the land bearing Thana No.7, Plot No. 771, measuring area 162 Sq. Feet at Mauza- Alamgirpur. According to the Notice the nature of the land is Gairmajarua Aam hence he has been directed to appear on 1.11.2022 in the office of the C.O., Town, Gaya and show the reason, why not the

Patna High Court CWJC No.10370 of 2023(2) dt.02-08-2023 2/2 said encroachment be removed.

(II). Also to direct the respondents i.e. the C.O., Town, Gaya to not disturb the petitioner as the petitioner has no concern with alleged land bearing Thana No. 7, Plot No. 771 measuring area 162 sq. feet situated in Mauza-Alamgirpur, Gaya.

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Town, Gaya, by filing his objections to the notice, issued to him under Section 3 of the Bihar Public Land Encroachment Act, 1956, on 10.10.2022, in connection with Encroachment Case No. 19 of 2022-23. Liberty, so sought, is granted. 3.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U