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Patna High CourtCWJC/18655/2019disposed

Dadan Tiwari v. The State Of Bihar

2019-09-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18655 of 2019 ====================================================== Dadan Tiwari Son of Late Kedar Tiwari resident of Village- Baijnathpur, PostShivpur (Kesath), P.S.- Nawa Nagar, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Reveue and Land, Government of Bihar.

2.

The District Magistrate, Buxar.

3.

The Additional Collector Cum- Divisional Public Grievance Redressal Officer Dumraon.

4.

The D.C.L.R. Dumraon.

5.

The Sub- Divisional Officer, Dumraon.

6.

The Circle Officer, Kesath.

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

For the Petitioner/s :

Mr.Shailendra Kumar Choubey For the Respondent/s :

Mr.Sajid Salim Khan ( ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2019 The present writ petition has been filed for quashing the notice issued to the petitioner by the Circle Officer, Kesath, District Buxar in connection with Encroachment Case No. 2 of 2017-18, directing the petitioner to remove the partial encroachment made over the Government land.

This Court is of the opinion that the petitioner is required to submit his objection before the Circle Officer, Kesath, Buxar in connection with Encroachment Case No. 2 of 2017-18, for which this Court grants four weeks' time. It is further directed that the Circle Officer, Kesath, Buxar shall

Patna High Court CWJC No.18655 of 2019(2) dt.13-09-2019 2/2 consider the objection of the petitioner and pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

It is needless to state that if no objection is filed within a period of four weeks from today by the petitioner, the Circle Officer, Kesath, Buar shall pass ex parte orders. It is further directed that till passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, by the Circle Officer, Kesath, Buxar, status quo existing as on today, shall be maintained.

(Mohit Kumar Shah, J) Tiwary/- U