← Library
Patna High CourtCWJC/791/2019disposed

Balram Kumar @ Niranjan Kumar v. The State Of Bihar And ORS

2022-08-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.791 of 2019 ====================================================== Balram Kumar @ Niranjan Kumar Son of Balak Paswan Resident of VillageMor (Part in Mokamah), P.S. Mokamah, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Secretariat, Patna. 2.

Collector of the District, Patna 3.

Deputy Collector, Land Reforms, Barh, Patna 4.

Block Development Officer, Mokamah, Patna 5.

Panchayat Secretary, Mor Panchayat, Mokamah, Patna 6.

Mukhiya, Mor Panchayat,Mokamah, Patna 7.

Circle Officer, Mokamah, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam :

Mr. Majid Mahboob Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2022 The respondents have filed a counter affidavit today in the Court itself, which has been taken on record, wherein it has been stated that no order has been passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956") pertaining to Encroachment case no. 01 of 2016-17.

In such view of the matter, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file a show cause reply before the Circle Officer, Mokama, Patna i.e. the respondent no. 7, however seeks some protection, in the meantime.

Patna High Court CWJC No.791 of 2019(5) dt.16-08-2022 2/2 Accordingly, the present writ petition stands disposed off, however with liberty to the petitioner to file his show cause reply within a period of four weeks from today in the aforesaid Encroachment case, which shall be considered by the respondent no. 7 and final order shall be passed under Section 6(1) the Act, 1956, within a period of twelve weeks, thereafter. It is needless to state that for a period of sixteen weeks from today, status quo existing as on today, shall be maintained. (Mohit Kumar Shah, J) rinkee/- U