Lal Chunni Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.861 of 2017 ====================================================== Lal Chunni Kunwar Wife of Late Vyas Upadhyay, Resident of Village Bajarmara, P.S. Jamo Bazar, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector- Cum-District Magistrate, Siwan. 3.

The Additional Collector, Siwan.

4.

The D.C.L.R. Maharajganj, District- Siwan.

5.

The Circle Officer, Lakari Nabiganj, District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2019 The present writ petition has been filed for quashing the notice dated 17.12.2016 passed by the Circle Officer, Lakari Nabiganj, District-Siwan.

The learned counsel for the petitioner submits that the Circle Officer, Lakari Nabiganj, District-Siwan without initiating any encroachment proceedings under the provisions of the Bihar Public Land Encroachment Act, 1956, has issued the impugned notice dated 17.12.2016.

This position, as existing on fact, is not denied by the learned counsel appearing for the respondents. Having regard to the facts and circumstances of the case, the notice dated 17.12.2016 issued by the Circle Officer,

Patna High Court CWJC No.861 of 2017(4) dt.01-08-2019 2/2 Lakari Nabiganj, District-Siwan is quashed, however, with liberty to the Circle Officer, Lakari Nabiganj, District-Siwan to initiate encroachment proceeding according to the provisions of the Bihar Public Land Encroachment Act, 1956, if so required. The writ petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U