Brajesh Kumar @ Brajesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15382 of 2024 ====================================================== Brajesh Kumar @ Brajesh Sharma S/o Late Ratnesh Kumar, Resident of Village-Nadwan, P.S.-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Patna.

3.

The Deputy Collector Land Reforms, Patna Sadar, Patna. 4.

The Sub Divisional Officer cum the Sub Divisional Magistrate, Masaudhi, Patna.

5.

The Circle Officer, Dhanarua, Patna.

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

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the State :

Mr. Vikramadit, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-10-2024 At the outset, the learned counsel for the petitioner seeks to file a supplementary affidavit, copy whereof has already been filed online. Let the same be kept on record.

2. Though the present writ petition has been filed challenging the notice, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956, by the Circle Officer, Dhanarua, Patna, in connection with Encroachment Case No.02 of 2024-25, however, the learned counsel for the petitioner has submitted, by referring to the supplementary affidavit filed in the present case, that the petitioner has already filed his objection on 30.10.2024 (Annexure-P/7), hence the Circle

Patna High Court CWJC No.15382 of 2024(2) dt.07-10-2024 2/2 Officer, Dhanarua, Patna be directed to decide the same, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, and till then, some protection be granted to him.

3. Per contra, the learned counsel for the respondentState submits that the Circle Officer, Dhanarua shall definitely consider the aforesaid objection filed by the petitioner and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, forthwith and till then, no coercive action shall be taken. It is directed, accordingly.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U