Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16200 of 2019 ====================================================== Amresh Kumar Son of Raushan Prasad Singh Resident of Village-Jotha, P.S.- Dhoraiya, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 2.

The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

The District Magistrate-cum-Collectors Banka, District-Banka 4.

The Sub Divisional Officer Banka, District-Banka 5.

The Circle Officer Dhoraiya, District-Banka 6.

Arun Kumar Choudhary Son of Late Girbar Narayan Choudhary Resident of Village-Jotha, P.S.-Dhoraiya, District-Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-08-2019 The present writ petition has been filed to quash the notice dated 15.5.2019 issued by the Circle Officer, Dhoraiya, District-Banka in connection with Encroachment Case No. 1 of 2018-19 for removal of the encroachment, allegedly made by the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner has already filed his objection on 25.6.2019 and had requested the Circle Officer, Dhoraiya, District-Banka to get the land in question measured in order to ascertain as to whether any encroachment has been made by the petitioner, however,

Patna High Court CWJC No.16200 of 2019(2) dt.13-08-2019 2/2 without passing the final order under Section 6 of the Bihar Public Land Encroachment Act, 1956, the petitioner is being threatened to remove the alleged encroachments in question. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Dhoraiya, District-Banka to consider the objections filed by the petitioner herein, who shall also get the land in question measured, in the presence of the petitioner and thereafter, pass a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956. It is further directed that till the passing of the final order under Section 6 of the Bihar Public Land Encroachment Act, 1956, status quo existing as on today qua the plot in question shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

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