Ram Sakal Sharma And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22243 of 2018 ======================================================

1. Ram Sakal Sharma Son of Late Ram Chandra Thakur,

2. Devendra Sharma,

3. Rajendra Thakur @ Rajendra Sharma,

4. Surendra Sharma, Petitioner no.2 to 4 are sons of Late Bhola Sharma,

5. Munna Sharma, Son of Late Suresh Thakur,

6. Baleshwar Sharma, Son of Late Devasi Sharma,

7. Srikant Sharma, Son of Late Chandeshwar Sharma,

8. Sharada Kuar, Wife of Late Gauri Shankar Sharma,

9. Rajesh Sharma, Son of Late Gauri Shankar Sharma, All are residents of Village- Vaina, Post- Kewarhi, P.S.- Kudra, District- Kaimur. ... ... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna

2. District Magistrate-cum-Collector, Kaimur at Bhabua.

3. Additional Collector, Kaimur (Bhabua).

4. Sub-Divisional Public Grievance Redressal Officer, Mohaniya, DistrictKaimur.

5. Anchal Adhikari, Kudra, District- Kaimur.

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh For the Respondent/s :

Mr.Raj Kishore Roy -GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-01-2019 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioners :

1. This is an application for issuance of an appropriate writ or writs setting aside the notice dated 12.10.2018 issued by the Anchal Adhikari, Kudra, District Kaimur in Encroachment Case No.01 of 2018-19 under Section 3 of the Public Land Encroachment Act (hereinafter referred to as the "Encroachment Act") and further direction to the respondent authorities to settle

Patna High Court CWJC No.22243 of 2018(2) dt.31-01-2019 2/2 the land in question in favour of the petitioners without further delay.

Vide Anneuxre 5 to the writ application, notices have been issued under Section 3 of the Bihar Public Land Encroachment Act.

The petitioners are directed to file the relevant documents/reply in respect of the land in question as per Section 4 of the Act. The Respondent No.5 i.e. Anchal Adhikari, Kudra, District Kaimur shall fix a date of hearing giving opportunity to all the concerned parties in compliance of Section 5 of the Act and thereafter he shall only pass an order under Section 6(1) of the Act. The entire exercise should be completed preferably within a period of three months from the date of filing of documents/reply filed on behalf of the petitioners under Section 4 of the Act.

Status quo shall be maintained for the said period. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U