Dinbandhu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15663 of 2024 ====================================================== Dinbandhu Sharma S/o Late Mathura Prasad Singh, Resident of VillageNadwan, P.S.-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of 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, Adv.

For the Respondent/s :

Mr.Government Advocate (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-10-2024 Though the present writ petition has been filed for restraining the Respondents from demolishing the house of the petitioner, situated at Mauza-Nadwan, Thana No. 161, Khata No. 720, Khesra No. 1403 and 1406, Area-1.18 decimals and 0.57 respectively, in pursuance to initiation of encroachment proceedings, vide Encroachment Case No. 2 of 2024-25, by the Circle Officer, Dhanarua, Patna, i.e. the Respondent No. 5, 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 written objection before the Respondent No. 5 on 30.9.2024, hence, the Respondent No.

Patna High Court CWJC No.15663 of 2024(2) dt.23-10-2024 2/2 5 be directed to consider the same and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and till then some protection be granted to him.

2.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 5 to consider the aforesaid objection dated 30.9.2024, filed by the petitioner and pass a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law, forthwith, in case the same has not yet been passed and till then, no coercive action shall be taken against the petitioner. 3.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U