Ram Balak Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3917 of 2014 ==================================================== Ram Balak Das, S/o Banarasi Das, R/o village-Musachak, P.S.- S.Kamal, District-Begusarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Begusarai.

3. The Circle Officer, S.Kamal, Begusarai.

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate Mr.Sanjeev Saran, Advocate For the Respondent/s :

Mr.Sarvesh Kr. Singh, AAG-13 Mr.Rajat Kr. Tiwary, AC to AAG-13 ==================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 24-07-2023

1. The present writ petition has been filed seeking the following reliefs:- "1.(i) For quashing notice dated 06.01.2014 was issued under section 51(C) of Bihar Public Land Encroachment Act 1956 under signature of Circle Officer, S. Kamal Begusarai whereby and where under petitioner was directed to remove the encroachment from land bearing Thana No.

626, Plot No. 676, Mauza Bakhanda by 27.01.2014. Miscellaneous Case No.02 of 13/14.

(ii) That for quashing the entire

Patna High Court CWJC No.3917 of 2014 dt.24-07-2023 2/3 encroachment proceeding which was pending before Circle Officer, S. Kamal Begusarai regarding land bearing Thana No.

626, Plot No. 676, Mauza Bakhanda."

2. At the outset, the learned counsel for the respondent-State has submitted that an encroachment case bearing Encroachment Case No.02 of 2013-14, was initiated by the Circle Officer, Sahebpur Kamal, however, it is apparent from the records that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has ever been passed, nonetheless, it is submitted that the same would definitely be passed, after giving opportunity to the petitioner.

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 his objections, with regard to the encroachment proceeding in question, before the Circle Officer, Sahebpur Kamal, within a period of six weeks from today, whereupon the Circle Officer, Sahebpur Kamal shall consider the same and pass the final order, within a period of six weeks, thereafter and till then status quo, existing as on today qua the land/house of the petitioner in question shall be maintained.

Patna High Court CWJC No.3917 of 2014 dt.24-07-2023 3/3

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2023 Transmission Date NA