Dharambir Prasad Yadav @ Sudan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12533 of 2022 ====================================================== Dharambir Prasad Yadav @ Sudan Yadav son of Late Kamal Prasad Yadav, Resident of Village-Pareuwa, P.S. Raxaul, District-East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue Department, Patna Bihar.
2.
The Collector, East Champaran at Motihari.
3.
The Circle Officer, Raxaul, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devi Das Srivastava For the Respondent/s :
Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-09-2022 Though the present writ petition has been filed for quashing the notice dated 25.7.2022, issued by the Circle Officer, Raxaul, District-East Champaran in connection with Encroachment Case No. 6/2022-2023, but it has transpired from a bare perusal of the present writ petition that neither any opportunity of filing show cause reply has been given to the petitioner nor any final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date.
In such view of the matter, this Court deems it fit and proper to dispose of the present
Patna High Court CWJC No.12533 of 2022(2) dt.07-09-2022 2/2 writ petition with liberty to the petitioner to file appropriate objection / show cause reply before the Circle Officer, Raxaul, District-East Champaran i.e. the Respondent No. 3 within a period of four weeks from today in connection with Encroachment Case No. 6/2022-2023, which shall be considered by the Respondent No. 3 and final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed within a period of twelve weeks, thereafter.
It is needless to state that for a period of sixteen weeks from today, status quo, existing as on today, shall be maintained.
The writ petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U