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Patna High CourtCWJC/15620/2019disposed

Sanjay Kumar Mishra @ Sanjay Mishra v. The State Of Bihar

2019-08-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15620 of 2019 ====================================================== Sanjay Kumar Mishra @ Sanjay Mishra Son of Late Sita Ram Mishra resident of Village- Damodarpur, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Collector, Madhubani.

3.

The Sub- Divisional Officer, Benipatti, District- Madhubani. 4.

The Sub- Divisional Public Grievance Officer, Benipatti, DistrictMadhubani. 5.

The Circle Officer, Benipatti, District- Madhubani. 6.

Mahendra Raut Son of Bipat Raut resident of Village- Damodarpur, P.S.- Benipatti, District- Madhubani.

7.

Rajendra Raut Son of Bipat Raut resident of Village- Damodarpur, P.S.- Benipatti, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Narayan Jha For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-08-2019 The present writ petition has been filed for quashing of the notice dated 26.07.2018 issued by the Circle Officer, Benipatti, Madhubani.

This Court is of the opinion that the petitioner is required to file his objections, whereafter the Circle Officer, Benipatti, Madhubani shall pass final order under the provisions of the Bihar Public Land Encroachment Act, 1956. Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to

Patna High Court CWJC No.15620 of 2019(3) dt.20-08-2019 2/2 the petitioner to file objections under the provisions of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks from today, whereafter the Circle Officer, Benipatti, Madhubani shall consider the same and pass final order under Section 6(1) of Bihar Public Land Encroachment Act, 1956. It is needless to state that till the final order is passed under Section 6(1) of Bihar Public Land Encroachment Act, 1956, status quo existing as on today, shall be maintained, however in case no objection is filed by the petitioner herein within a period of four weeks from today, the Circle Officer, Benipatti, Madhubani shall be free to pass ex-parte orders. (Mohit Kumar Shah, J) rinkee/- U