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Patna High CourtCWJC/14288/2017disposed

Ganesh Paswan v. The State Of Bihar And ORS

2023-05-08Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14288 of 2017 ====================================================== Ganesh Paswan Son of late Dhari Paswan, Resident of Village-Jigina, Post Office Sirsi, Police Station Chainapur, District Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Kaimur at Bhabua.

3.

The Circle Officer, Chainpur, District Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava,Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2023 Though the present writ petition has been filed for quashing the notice dated 30.01.2017, passed in connection with Encroachment Case No. 26 of 2012-13, issued by the Circle Officer, Chainpur, whereby and whereunder the petitioner and others have been directed to remove the encroachment in question from Plot No.379, Khata No. 132 and 142, situated at Mauja, Jigina, Thana No.159 under the District- Kaimur at Bhabua, however, today a counter affidavit has been filed in the present case, which has been taken on record, wherein, it has been admitted that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as

Patna High Court CWJC No.14288 of 2017(3) dt.08-05-2023 2/2 the 'Act, 1956), has been passed, hence, it is submitted that the petitioner may, if so advised, file his objection/ representation, within a stipulated time frame, which shall be considered by the Circle Officer, Chainpur and then, the final order under Section 6(1) of the Act, 1956, shall be passed. 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 appropriate objection/representation, before the Circle Officer, Chainpur, in connection with Encroachment Case No. 26 of 2012-13, within a period of two weeks from today, whereupon the Circle Officer, Chainpur, shall consider the same and pass the final order under Section 6(1) of the Act, 1956, forthwith. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU