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Patna High CourtCWJC/15590/2019disposed

Ashok Kumar v. The State Of Bihar

2019-08-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15590 of 2019 ====================================================== Ashok Kumar Son of Late Nand Kishore Pandit Resident of MohallaMirzapur Gondapur, South of Kanhai Inter School, P.S. Nawada, DistrictNawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner Magadh Division, Gaya 3.

The Collector cum District Magistrate Nawada 4.

The Sub Divisional Officer Nawada 5.

The Circle Officer Nawada Sadar, District-Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Bohra For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2019 The present writ petition has been filed for quashing the proceedings of Encroachment Case No. 4 of 2017-18, pending before the Circle Officer, Nawada Sadar. The learned counsel for the petitioner submits that a notice dated 19.7.2019 has been issued by the Circle Officer, Nawada Sadar for clearing the encroached land of the Government, however, no order has been passed under Section 6 of the Bihar Public Land Encroachment Act, 1956 as well as no opportunity has been given to the petitioner to present his case.

Having regard to the facts and circumstances of the

Patna High Court CWJC No.15590 of 2019(2) dt.06-08-2019 2/2 case, the present writ petition stands disposed of with liberty to the petitioner to file objection within a period of four weeks from today before the Circle Officer, Nawada Sadar in the ongoing encroachment proceeding, whereupon the Circle Officer, Nawada Sadar shall consider the objection of the petitioner and pass a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956.

It is needless to state that if no objection is filed within a period of four weeks from today, the Circle Officer, Nawada Sadar shall pass ex parte order.

Till the passing of the final order under Section 6 of the Bihar Public Land Encroachment Act, 1956, status quo existing as on today shall be maintained.

(Mohit Kumar Shah, J) ajay gupta/- U