Sahjad Hussain @ Saiyad Irshad Ahamad, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14912 of 2022 ====================================================== Sahjad Hussain @ Saiyad Irshad Ahamad, Son of Izhar Hussain @ Saiyad Ijahar Husain, Resident of Mauza- Ahwar Sheikh Thana- Majhaulia, DisttWest Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector, West Champaran, Bettiah.

3.

The Collector under the Act cum Circle Officer, Majhaulia, District- West Champaran at Bettaih.

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2022 The present writ petition has been filed challenging the notice dated 05.07.2022, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Majhaulia, District West Champaran, Bettiah, to the petitioner. At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to file his reply/ objections to the aforesaid notice dated 05.07.2022, however, some protection be granted to the petitioner, till the final order is passed by the Circle Officer, Majhaulia, District West Champaran, Bettiah.

Having regard to the facts and circumstances of the case, the petitioner is granted liberty to file his reply/objections

Patna High Court CWJC No.14912 of 2022(2) dt.23-11-2022 2/2 to the aforesaid notice dated 05.07.2022 before the Circle Officer, Majhaulia, District West Champaran, Bettiah, within a period of 2 weeks from today, whereupon the Circle Officer, Majhaulia, District West Champaran, Bettiah shall consider the same and pass a reasoned and a speaking order, in accordance with law, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and till then, status quo existing as on today qua the land/shop/house of the petitioner shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U