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Patna High CourtCWJC/17506/2019disposed

Binod Sah @ Vinod Kumar v. The State Of Bihar

2019-08-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17506 of 2019 ====================================================== Binod Sah @ Vinod Kumar Son of Raj Kumar Sah Resident of MohallaChak Diwan, Ward No.16, Police Station- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Sheikhpura. 3.

The Deputy Collector, Land Reforms, Sheikhpura. 4.

The Sub Divisional Officer, Sheikhpura.

5.

The Circle Officer, Sheikhpura.

6.

The Municipal Executive Officer, Municipal Council, Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-08-2019 The present writ petition has been filed challenging the notice dated 06.05.2019 issued by the Municipal Executive Officer, Municipal Council, Sheikhpura whereby and whereunder the petitioner has been directed to remove the encroachment in question.

The learned counsel for the petitioner submits that the petitioner would be filing objection to the said notice within a period of four weeks from today, whereafter the Municipal Executive Officer, Municipal Council, Sheikhpura may take a final decision in the aforesaid encroachment case. Having regard to the facts and circumstances of the

Patna High Court CWJC No.17506 of 2019(2) dt.27-08-2019 2/2 case, the present writ petition stands disposed of with liberty to the petitioner to file an objection within a period of four weeks from today, whereafter the Municipal Executive Officer, Municipal Council, Sheikhpura shall pass a final order taking into consideration as to whether any encroachment has been made by the petitioner or not and for the said purpose the objection of the petitioner shall be taken into consideration. It is needless to state that in case no objection is filed within a period of four weeks from today, ex-parte order shall be passed by the Municipal Executive Officer, Municipal Council, Sheikhpura.

Till passing of the final order by the Municipal Executive Officer, Municipal Council, Sheikhpura, status quo existing as on today shall be maintained.

(Mohit Kumar Shah, J) Tiwary/- U