Ram Babu Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22315 of 2018 ====================================================== Ram Babu Sahni Son of Late Ramcharan Sahni Resident of Village-Rajwara Bhagwan,P.S. and Anchal-Mushahari,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary,Land & Revenue Department,Govt. of Bihar,Patna

3. The Collector, Muzaffarpur, Distt.-Muzaffarpur

4. The Deputy Collector Land Reforms,Muzaffarpur,Distt.-Muzaffarpur

5. The Deputy Collector, Public Grievances Cell, Collectorate, East Muzaffarpur, Distt.-Muzaffrpur

6. The Circle Officer, Anchal Adhikari, Mushahari,Distt.-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Alok Kumar Alok Mr. Dilip Kumar Roy For the Respondent/s :

Mr.Rakesh Kumar Srivastava, A.C. to GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ application, the petitioner is aggrieved by the notice dated 13.09.2018 (Annexure-5) issued by the Circle Officer, Mushahari, Muzffarpur. The said notice has been issued under Section 3 of the Bihar Public Land Encroachment Act (for short 'the Act'). In pursuance to the said notice, the petitioner filed a representation before the Collector, Muzaffarpur raising his defence in pursuance to the notice issued under Section 3 of the Act.

Under the circumstances, the petitioner is directed to

Patna High Court CWJC No.22315 of 2018(2) dt.03-01-2019 2/2 file fresh representation and produce all the relevant documents in respect of the land in question before the Circle Officer, Mushahari, Muzaffarpur within a period of 30 days from today. The Circle Officer (respondent no. 6) shall consider the representation/documents filed on behalf of the petitioner in pursuance to Section 4 of the Act. The respondent no. 6 shall further comply with the provision prescribed under Section 5 of the Act and give adequate opportunity of hearing to all the concerned parties and pass a final order under Section 6 of the Act within a period of 60 days from the date of filing of such representation.

With the aforesaid observation/direction, the writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U