Manzar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17432 of 2021 ====================================================== 1.

Manzar Alam S/o Md Nasim Ahasan resident of Faridi House, Bitho, P.O.- Bitho Sariff, P.S. and Anchal- Chandauti, District- Gaya. 2.

Shahanaj Begam W/o Maqubool Alam resident of Village and P.O.- Botho Sariff, P.S. and Anchal- Chandauti, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Old Secretariat, Patna- 1, District- Patna. 2.

The District Magistrate, Gaya, District- Gaya. 3.

The Circle Officer, Town Block, Chandauti, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2022 Despite the order dated 03.11.2022, granting time to the learned counsel appearing in the present case to seek instructions from the petitioners on account of the death of the Advocate on record of this case, it is submitted that he has no instructions from the petitioners to appear in the present case.

Though the present writ petition has been filed for quashing the notice dated 02.09.2021, issued by the Circle Officer, Town Block, Chandauti, District-Gaya in connection with Encroachment

Patna High Court CWJC No.17432 of 2021(3) dt.01-12-2022 2/2 Case No. 25 of 2019-20 under Section 3 of the Bihar Public Land Encroachment Act, 1956, but the respondent-State has filed a counter affidavit, wherein it has been averred that although the land in question is a public land, but then till date, no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has been passed in connection with the aforesaid encroachment proceedings. In such view of the matter, the present writ petition stands disposed off, however, with liberty to the petitioners to agitate their subsisting grievances, if any, in accordance with law.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU