Rama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20434 of 2021 ====================================================== Rama Devi wife of Sri Rajendra Kumar Bhagat Resident of Village- Paharpur, Ward No. 3, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Acquisition Department, Bihar, Patna.

2.

The Principal Secretary, National Highway Department, Bihar, Patna. 3.

The Collector cum District Magistrate, Saharsa. 4.

The District Land Acquisition Officer, Saharsa. 5.

The Executive Engineer, National Highway Division, Saharsa. 6.

The Sub- Divisional Officer, Simri Bakhtiyarpur Sub- Division, Simri Bakhtiyarpur District- Saharsa.

7.

The Circle Officer, Simri Bakhtiyarpur Circle, Simri Bakhtiyarpur DistrictSaharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratan Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2022 Though the District Magistrate, Saharsa was directed to file an affidavit bringing on record the order passed under Section 6(1) of Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956" ) in connection with Encroachment case no. 02 of 2019-20, however the learned counsel for the respondent- State Md. Khurshid Alam, AAG 12 has informed this Court that no order under Section 6(1) of the Act, 1956 has been passed till date, hence the petitioner may approach the Circle Officer, Simri Bakhtiyarpur i.e. the

Patna High Court CWJC No.20434 of 2021(4) dt.28-07-2022 2/2 respondent no. 7 and file his objections/ show cause reply, whereafter, the respondent no. 7 shall definitely pass a final order under Section 6(1) of the Act, 1956.

Accordingly, the present writ petition stands disposed off, however with a liberty to the petitioner to file objections/ show cause reply before the respondent no. 7 in the aforesaid Encroachment case, within a period of four weeks from today, whereupon the respondent no. 7 shall consider the same and pass final order under Section 6(1) of the Act, 1956, within a period of twelve weeks, thereafter. It is needless to state that for a period of 16 weeks from today, status quo existing as on today, shall be maintained.

(Mohit Kumar Shah, J) rinkee/- U