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Patna High CourtCWJC/15691/2019disposed

Anjani 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.15691 of 2019 ====================================================== Anjani Kumar Son of late Saryug Mahato, Resident of Village- Sakrorha, P.O. Bhobhi, P.S. Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Nalanda at Biharsharif. 3.

The Sub-Divisional Officer, Hilsa, District- Nalanda. 4.

The Deputy Collector, Land Reforms, Hilsa District Nalanda. 5.

The Circle Officer, Nagarnausa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2019 The petitioner seeks to challenge the notice dated Nil in connection with Encroachment Case no. 02 of 2019-20 issued by the Circle Officer, Nagarnausa, District Nalanda on the ground that without granting any opportunity of hearing or filing any objection or even passing any order under Section 6 of the Bihar Public Land Encroach Act, 1956, the petitioner has been directed to remove the encroachment in question. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to file appropriate petition in the aforesaid Encroachment Case No. 02 of 2019-20 before the Circle Officer, Nagarnausa, District Naland within a period

Patna High Court CWJC No.15691 of 2019(2) dt.06-08-2019 2/2 of four weeks from today which shall be considered by the Circle Officer, Nagarnausa and final orders under Section 6 of the Bihar Public Land Encroach Act, 1956 shall be passed thereupon, after due communication to the petitioner herein. It is needless to state that in case no objection is filed by the petitioner within a period of four weeks from today, the Circle Officer, Nagarnausa District Nalanda shall pass ex-parte order.

Till passing of the final order under Section 6 of the Bihar Public Land Encroach Act, 1956, status quo existing as on today qua the plot of the petitioner in question shall be maintained.

(Mohit Kumar Shah, J) Tiwary/- U