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Patna High CourtCWJC/11597/2023disposed

Hari Kishor Rai @ Hari Kishor Ray v. The State Of Bihar

2023-12-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11597 of 2023 ====================================================== Hari Kishor Rai @ Hari Kishor Ray Son of Mahadeo Rai @ Mahadeo Ray, Resident of Village Sishhan, P.S. Pakarideyal, District East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, Motihari, East Champaran. 4.

The Circle Officer Pakarideyal, Motihari, East Champaran, Motihari. 5.

Abhimanu Kumar Paswan son of Shivpujan Paswan, Resident of Village Sishhan, P.S. Pakarideyal, District East Champaran, Motihari. 6.

Sheopujan Paswan son of Late Sohda Paswan, Resident of Village Sishhan, P.S. Pakarideyal, District East Champaran, Motihari. 7.

Ajay Paswan, son of Jagarnath Paswan, Resident of Village Sishhan, P.S. Pakarideyal, District East Champaran, Motihari. 8.

Raj Narayan Paswan, son of Late Suj Ram, Resident of Village Sishhan, P.S. Pakarideyal, District East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for setting aside the notice dated 14.03.2023 issued by the Circle Officer, Pakarideyal and also the petitioner seeks a direction to the respondents to drop all the proceeding pending against the land of the petitioner.

Patna High Court CWJC No.11597 of 2023(2) dt.04-12-2023 2/2

3. The petitioner will file a show cause reply to the aforesaid notice which shall be considered by the circle officer in accordance with law and if any encroachment proceeding is initiated, the same shall be decided after hearing all the parties.

4. This decision must be taken within four months from the date of receipt/communication of a copy of this order.

5. Till the disposal of the encroachment case, the possession of the petitioner shall not be disturbed.

6. In case any adverse decision is passed against the petitioner, then the circle officer will serve a copy of the final order to the petitioner and thereafter for the next thirty days he will not take any coercive action after the disposal of the encroachment proceeding.

7. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U