Rita Pandey @ Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10581 of 2023 ====================================================== 1.

Rita Pandey @ Rita Devi W/o Arun Prakash Pandey, Resident of VillageHardiya Ward No. 04, Areraj, P.S. Govindganj (O.P. Areraj) at present residing at Village- Yogiyar @ Janerwa, P.S.-Govindganj, District-East Champaran.

2.

Arun Prakash Pandey, Son of Dhrup Pandey, Resident of Village- Mathiya Sangrampur, District-East Champaran presently residing at Resident of Village- Yogiyar @Janerwa, P.S.-Govindganj, District-East Champaran Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The District Magistrate, East Champaran at Motihari. 3.

The Circle Champaran Officer, Areraj, District-East Champaran. 4.

The Executive Officer nagar, Panchyat Areraj, District-East Champaran. 5.

The S.H.O. of Govindganj Police Station (O.P. Areraj), East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-11-2023 Heard the learned counsel for the parties.

2. Counter affidavit filed on behalf of the respondent no. 4 is taken on record.

3. The petitioner has challenged the order dated 19.06.2023 vide memo no. 1595 issued by the Executive Officer, Nagar Panchayat, Areraj, East Champaran (respondent no. 4).

4. Learned counsel for the respondent no. 4 has

Patna High Court CWJC No.10581 of 2023(2) dt.30-11-2023 2/2 submitted that the petitioner has been given only notice and the proceeding is still pending.

5. In my view, this application is pre-mature.

6. The petitioner is directed to file his show cause to the notice and thereafter participate in the proceeding which shall be decided in accordance with law after hearing all the parties.

7. The petitioner can take an objection as to the maintainability of the proceeding initiated by the respondent no. 4.

8. In case, such an objection is taken, the respondent no. 4 will be obliged to decided that objection first and thereafter if he finds that proceeding is maintainable then he will proceed further.

9. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U