Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9725 of 2023 ====================================================== Rajesh Kumar S/o Late Ashok Prasad Resident of Village-Majeedpur, P.S.- Manpur, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

3.

The District Magistrate-District Collector, Nalanda at Biharsharif. 4.

The Collector-Cum-Circle Officer, Biharsharif, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binit Kumar For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 19-07-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application on behalf of the above named petitioner to issue an appropriate writ(s) order(s) or direction(s) particularly in nature of certiorari to quash Encroachment Case No. 08/2023-24 as well as notice dated 06.06.2023 issued under the signature of the Collector-cumCircle Officer, Biharsharif, District-Nalanda for alleged encroachment on Khata No.-118, Khesra No.-1059, Area-0.07 acre, Mauza/VillageMajidpur, District-Nalanda in quite illegal and arbitrary manner, since residential house is constructed over the land, and the petitioner and

Patna High Court CWJC No.9725 of 2023 dt.19-07-2023 2/3 his ancestors have been residing there much before enactment of the Bihar Public Land Encroachment Act, 1956 and it is not a public land rather his private land and/or grant any other equitable relief / reliefs befitting in the facts and circumstances of the case"

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Biharsharif, District-Nalanda i.e. the Respondent No. 4, by filing appropriate objection / reply to the notice dated 6.6.2023, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956") in connection with Encroachment Case No. 8 of 2023-24, however, seeks some protection till the final order is passed by the Respondent No. 4 under Section 6(1) of the Act, 1956. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file appropriation objection / show cause reply before the Respondent No. 4 in the aforesaid Encroachment Case No. 8 of 2023-24, within a period of four weeks from today, which shall be considered by the Respondent No. 4, in accordance with law and the final order under Section 6(1) of the Act, 1956 shall be passed forthwith and till then, status

Patna High Court CWJC No.9725 of 2023 dt.19-07-2023 3/3 quo, existing as on today qua the land/ house of the petitioner in question, shall be maintained.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2023 Transmission Date NA