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Patna High CourtCWJC/17569/2019disposed

Baidyanath Ram @ Baiju Ram v. The State Of Bihar

2019-09-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17569 of 2019 ====================================================== Baidyanath Ram @ Baiju Ram Son of Late Jibacch Ram Resident of Ram Chowk, Ward No. -5, Purani Bazar, P.S.- Jhanjharpur Nagar Panchayat and Anchal- Jhanjharpur, Distt.- Madhubani (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Collector, Madhubani. 2.

The Collector of the District Madhubani.

3.

The Additional Collector Madhubani.

4.

The Circle Officer Jhanjharpur.

5.

The Officer- Incharge P.S.- Jhanjharpur (Madhubani). 6.

Lakshmi Aghori S/o Sri Sukhdeo Aghori Resident of Ram Chowk, Ward No.5, Purani Bazar, P.S.- Jhanjharpur, Nagar Panchayat and AnchalJhanjharpur, Distt.- Madhubani (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Nath Jha For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-09-2019 The present writ petition has been filed to direct the Circle Officer, Jhanjharpur not to proceed with the Land Encroachment case no. 09 of 2016-17.

Having regard to the limited prayer made by the petitioner herein, I deem it fit and appropriate to grant liberty to the petitioner to approach the Circle Officer, Jhanjharpur in connection with Land Encroachment case no. 09 of 2016-17 by filing an appropriate objection, whereafter the Circle Officer, Jhanjharpur shall consider the objection of the petitioner, measure the land in question, demarcate the same and then pass

Patna High Court CWJC No.17569 of 2019(2) dt.03-09-2019 2/2 appropriate orders under Section 6(1) Bihar Public Land Encroachment Act, 1956. It is needless to state that in case, no objection is filed by the petitioner before the concerned Circle Officer within four weeks from today, the said Circle Officer shall pass ex-parte orders. 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 qua the property/ land of the petitioner in question, shall be maintained. (Mohit Kumar Shah, J) rinkee/- U