Veena Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12756 of 2022 ====================================================== 1.

Veena Sinha Wife of Late Ramesh Chandra Sinha, Resident of Draupadi Bhawan, Tellha Mahaver Asthan, P.S. Civil Lines, District - Gaya. 2.

Pankaj Kumar Sinha, Son of Late Ramesh Chandra Sinha, Resident of Draupadi Bhawan, Tellha Mahaver Asthan, P.S. - Civil Lines, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Revenue, Government of Bihar, Patna.

2.

The Principal Secretary of Land Revenue Government of Bihar, Patna. 3.

The District Magistrate, Gaya.

4.

The District Public Complaint Redressal Officer, Gaya, District Public Complaint Redressal Office, Gaya.

5.

Sub-Divisional Public Complaint Redressal Office Sub-Division, Gaya Sadar, Gaya.

6.

Land Reform Deputy Collector, Sadar, Gaya.

7.

Circle Officer, Town Block, Gaya.

8.

Priya Ranjan Prasad, Son of Late Shambhu Prasad, Resident of Draupadi Bhawan, Telha Mahaver Asthan, P.S. - Civil Lines, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2022 Though the present writ petition has been filed for quashing the notice dated 23.7.2022, issued by the Circle Officer, Town Block, Gaya i.e. the Respondent No. 7, however, the learned counsel for the petitioners has limited his prayer to grant of liberty to the petitioners to file their show cause reply / objections in the aforesaid

Patna High Court CWJC No.12756 of 2022(2) dt.08-09-2022 2/3 Encroachment Case No. 6/2022-2023 and thereafter, it is prayed that the Respondent No. 7 be directed to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, however, in the meantime, some protection be granted to the petitioners.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioners to file appropriate show cause reply / objections before the Respondent No. 7 in the ongoing Encroachment Case No. 6/2022-2023 within a period of four weeks from today, which shall be considered by the Respondent No. 7 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 till the passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 by the Respondent No. 7, status quo, existing as on today qua the house of the petitioners in question, shall

Patna High Court CWJC No.12756 of 2022(2) dt.08-09-2022 3/3 be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U