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Patna High CourtCWJC/18795/2019disposed

Md. Ishteyaque Khan Alias Md. Isteyaque Ahamad Khan 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.18795 of 2019 ====================================================== 1.

Md. Ishteyaque Khan alias Md. Isteyaque Ahamad Khan S/o Md. Ajmad Khan, resident of Village- Matiyari, Anchal- Vijaypur, Dist.- Gopalganj. 2.

Vahid Khan, S/o Late Niwamat Khan, resident of Village- Matiyari, AnchalVijaypur, Dist.- Gopalganj. 3.

Imtyaj Khan S/o Late Amaj Khan, resident of Village- Matiyari, AnchalVijaypur, Dist.- Gopalganj. 4.

Washim Khan, S/o Amjad Khan, resident of Village- Matiyari, AnchalVijaypur, Dist.- Gopalganj. 5.

Kamruddin Khan, S/o Late Wali Ullah Khan, resident of Village- Matiyari, Anchal- Vijaypur, Dist.- Gopalganj.

6.

Tamana Khan S/o Raffudin Khan, resident of Village- Matiyari, AnchalVijaypur, Dist.- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms State of Bihar, Patna.

2.

The Collector, Gopalganj.

3.

The Anchal Adhikari, Vijaypur, Dist.- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2019 The petitioners herein have assailed the notice dated 24.07.2019 issued by the Circle Officer, Vijaypur, District Gopalganj on the ground that without granting any opportunity of hearing to the petitioners, they have been directed to remove the encroachment in question.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ

Patna High Court CWJC No.18795 of 2019(2) dt.13-09-2019 2/2 petition with liberty to the petitioners to file their objections before the Circle Officer, Vijaypur, District Gopalganj within a period of four weeks from today, which shall be examined by the Circle Officer, Vijaypur, District Gopalganj and final orders under the provision of Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed thereafter within a further period of four weeks.

It is needless to state that in case no objection is filed by the petitioners herein, the Circle Officer, Vijaypur, District Gopalganj shall be free to pass ex parte order. Till passing of final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, status quo existing as on today shall be maintained.

(Mohit Kumar Shah, J) Tiwary/- U