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Patna High CourtCWJC/17433/2019disposed

Awadhesh Kumar v. The State Of Bihar

2019-09-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17433 of 2019 ====================================================== 1.

Awadhesh Kumar S/o Late Durga Prasad @ Bhattu Mahto Vill.- Chhoti Aant, P.S.- Ben, Distt.- Nalanda 2.

Virmani Kumar S/o Ramprasad Mahto Vill.- Chhoti Aant, P.s.- Ben, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna 2.

The Director Land Reforms Department, Govt. of Bihar, Patna 3.

The Collector Nalanda at Biharsharif 4.

The Circle Officer Anchal- Ben, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2019 The present writ petition has been filed for quashing the notice dated 02.08.2019 issued by the Circle Officer, Ben, Nalanda to the petitioner herein, in connection with Encroachment case no. 02 of 2019-20.

Having regard to the facts and circumstances of the case, this Court is of the view that the petitioner would be well advised to approach the Circle Officer, Ben, Nalanda by filing an appropriate objection within a period of four weeks from today and if such an objection is filed in connection with Encroachment case no. 02 of 2019-20, the said Circle Officer shall pass final orders under Section 6(1) of the Bihar Public

Patna High Court CWJC No.17433 of 2019(2) dt.17-09-2019 2/2 Land Encroachment Act, 1956, after considering the objection of the petitioner. However, it is clarified that in case, no objection is filed within four weeks from today, the Circle Officer shall pass ex-parte order.

Till the passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, status quo, existing as on today shall be maintained.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U