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Patna High CourtCWJC/14625/2019disposed

Yamuna Yadav @ Jamuna Yadav v. The State Of Bihar

2019-07-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14625 of 2019 ====================================================== Yamuna Yadav @ Jamuna Yadav Son of Late Vasudev Yadav Resident of Village- Chainpura, P.S. and P.O.- Tekari, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gaya.

3.

The Deputy Collector, Gaya.

4.

The Sub Divisional Officer, Tekari, Gaya.

5.

The Circle Officer, Tekari, Gaya.

6.

The Anchal Amin, Tekari, Gaya.

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

For the Petitioner/s :

Mr.Anju Mishra For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2019 The present writ petition has been filed seeking to challenge the notice dated 24.04.2019 issued by the Circle Officer, Tekari, Gaya in Encroachment case no. 01 of 2019-20 on the ground that without being given an opportunity to file objections, the Circle Officer has directed the petitioner to remove the encroachments, in substance having already declared the petitioner to be an encroacher without passing any order under the provisions of the Bihar Public Land Encroachment Act, 1956.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose of the present writ

Patna High Court CWJC No.14625 of 2019(2) dt.23-07-2019 2/2 petition with liberty to the petitioner to file objections in the aforesaid encroachment case within a period of four weeks from today and in case, any such objection is filed, the Circle Officer, Tekari, Gaya shall consider the same and pass a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956. Till the time, the final order is passed, status quo existing as on today, shall be maintained.

The present writ petition stands disposed off with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- U