Sidhnath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13218 of 2024 ====================================================== Sidhnath Yadav Son of Late Chhatradhari Yadav, Resident of VillageMardua, Police Station- Tekari, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform Bihar, Patna.
2.
The District Magistrate cum Collector, Gaya.
3.
The Additional Collector, Gaya.
4.
The Sub- Divisional Officer, Tekari, District- Gaya. 5.
The Deputy Collector Land Reforms, Tekari, District- Gaya. 6.
The Circle Officer, Tekari, District- Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ujjawal Kumar Singh, Adv.
For the Respondent/s :
Dr. Md. Raisul Haque, SC-10 Md. Obaidullah, AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2024 The learned counsel for the Respondent-State seeks to file a counter affidavit, copy whereof has already been filed online. Let the same be kept on record.
2.
Though the present writ petition has been filed for quashing the notices dated 5.6.2024 and 6.8.2024, issued by the Circle Officer, Tekari, Gaya, in connection with Encroachment Case No. 1 of 2024-25, however, it has been submitted by the learned counsel for the Respondent-State that the Circle Officer, Tekari, Gaya, has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956
Patna High Court CWJC No.13218 of 2024(3) dt.17-10-2024 2/2 (hereinafter referred to as "the Act, 1956") on 6.8.2024, which is annexed as Annexure-A to the counter affidavit, hence, in case the petitioner is so aggrieved he can file an appeal under Section 11 of the Act, 1956.
3.
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to challenge the aforesaid order dated 6.8.2024, passed by the Circle Officer, Tekari, Gaya, in case he is so aggrieved, by filing appropriate appeal under Section 11 of the Act, 1956. 4.
Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U