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Patna High CourtCWJC/580/2019disposed

Batoran Paswan @ Botoran Paswan v. The State Of Bihar And ORS

2022-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.580 of 2019 ====================================================== Batoran Paswan @ Botoran Paswan Son of Etwari Paswan, Resident of Village- Mor Part in Mokamah, P.S.- Mokamah, District- Patna. ... ... Petitioner/s

Versus

1.

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

Collector of the District, Patna.

3.

Deputy Collector, Land Reforms, Barh, Patna.

4.

Block Development Officer, Mokamah, Patna.

5.

Panchayat Secretary Officer, Mor Panchayat, Mokamah, Patna. null null 6.

Mukhiya, Mor Panchayat, Mokamah, Patna.

7.

Circle Officer, Mokamah, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2022 The short prayer of the petitioner in the present case is to quash the notice dated 15.11.2018/16.11.2018 issued by the Circle Officer, Mokamah, Patna in Encroachment Case No. 01 of 2016-17 by which the petitioner has been directed to remove the encroachment made over the public land.

The Ld. Counsel for the petitioner submits that the petitioner be granted liberty to file reply to the said notice dated 15.11.2018/16.11.2018 before the Circle Officer, Mokamah, Patna in the ongoing Encroachment Case No. 01 of 2016-17 and till then some protection be granted.

Patna High Court CWJC No.580 of 2019(2) dt.06-07-2022 2/2 Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file reply to the aforesaid notice 15.11.2018/16.11.2018, issued by the Circle Officer, Mokamah, Patna, within a period of four weeks from today and in case such a reply is filed, the Circle Officer, Mokamah, Patna shall pass a final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956.

It is needless to state that till passing of the final order by the Circle Officer, Mokamah, Patna, status quo existing as on today shall be maintained.

(Mohit Kumar Shah, J) Tiwary/- U