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Patna High CourtCWJC/13802/2022disposed

Shashidhar Yadav @ Shashi Yadav v. The State Of Bihar

2022-11-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13802 of 2022 ====================================================== Shashidhar Yadav @ Shashi Yadav Son of Late Shukdev Yadav Resident of Village-Ashram Tola, Kadwa, Police Station-Naugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

The Collector, Bhagalpur in the District-Bhagalpur. 3.

The Sadar Divisional Magistrate, Naugachai in the District-Bhagalpur. 4.

The Deputy Collector Land Reforms, Naugachia in the District-Bhagalpur. 5.

The Circle Officer, Naugachia in the District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Respondent/s :

Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2022 The present writ petition has been filed challenging the notice dated 06.07.2022, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Naugachia, to the petitioner.

At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to file his reply/ objections to the aforesaid notice dated 06.07.2022, however, some protection be granted to the petitioner till the final order is passed by the Circle Officer, Naugachia.

Having regard to the facts and circumstances of the case, the petitioner is granted liberty to file his additional

Patna High Court CWJC No.13802 of 2022(2) dt.23-11-2022 2/2 reply/objections to the aforesaid notice dated 06.07.2022, before the Circle Officer, Naugachia, within a period of 2 weeks from today, whereupon the Circle Officer, Naugachia shall consider the same and pass a reasoned and a speaking order, in accordance with law, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and till then status quo existing as on today qua the land/shop/home of the petitioner shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U