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Patna High CourtCWJC/17544/2019disposed

Sujash Tiwari v. The State Of Bihar

2019-09-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17544 of 2019 ====================================================== Sujash Tiwari S/o Late Nathe Tiwari R/o Village Gosaidaspur, P.S. Nathnagar, District- Bhagalpur, currently R/o Bhagali Sah Lane, Nathnagar, M.N. Chowk, P.S. Nathnagar, District Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Bhagalpur.

3.

The Circle Officer, Nathnagar, Bhagalpur.

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2019 The present writ petition has been filed for quashing the notice dated 19.07.2019 issued by the Circle Officer, Nathnagar, Bhagalpur, 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 an objection before the Circle Officer, Nathnagar, Dist-Bhagalpur whereupon, the Circle Officer may pass final orders under Section 6(1) of Bihar Public Land Encroachment Act, 1956 after getting the land in question, measured.

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 an objection before

Patna High Court CWJC No.17544 of 2019(2) dt.03-09-2019 2/2 the Circle Officer, Nathnagar, Bhagalpur within a period of four weeks from today, whereupon the said Circle Officer shall consider the same, carry out measurement of the land in question, make demarcation and thereafter pass final order under Section 6(1) of Bihar Public Land Encroachment Act, 1956. It is needless to state that in case, no objection is filed by the petitioner within four weeks from today, the Circle Officer, Nathnagar, Bhagalpur shall pass ex-parte orders. Till the passing of the final order under Section 6(1) of Bihar Public Land Encroachment Act, 1956, status quo, existing as on today qua the property/ land in question, shall be maintained. (Mohit Kumar Shah, J) rinkee/- U