Ram Sharan Sharma And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5992 of 2018 ====================================================== Jay Kant Pathak Son of late Chandi Dutt Pathak Resident of VillageBasudevpur, P.O. and P.S. Kazara, District- Lakhisarai. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development Department, Bihar, Patna 2.
The District Magistrate, Lakhisarai.
3.
The Circle Officer, Suryagarha Circle, Suryagarha, Lakhisarai. 4.
Sri Vishwanath Jha, Son of late Harkhu Jha Resident of VillageBasudevpur, P.O. and P.S. Kazara, District- Lakhisarai. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4955 of 2018 ====================================================== 1.
Ram Sharan Sharma Son of Late Darogi Sharma, 2.
Pramod Jha, Son of Sri Brahmdeo Jha, All resident of Village- Basudevpur, P.O. and P.S.- Kazara, District- Lakhisarai.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development Department, Bihar, Patna 2.
The District Magistrate, Lakhisarai.
3.
The Circle Officer, Suryagarha Circle, Suryagarha, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 5992 of 2018) For the Petitioner/s :
Mr.Dilip Kumar Tewari For the Respondent/s :
Mr.Abbas Haider -Sc6 (In Civil Writ Jurisdiction Case No. 4955 of 2018) For the Petitioner/s :
Mr.Dilip Kumar Tewari For the Respondent/s :
Mr.S. Pd. Singh- GA 3 :
Mr. Indeshwari Prasad, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2022 Though the aforesaid writ petitions were filed for quashing the notices issued by the Circle Officer, Suryagarha
Patna High Court CWJC No.5992 of 2018(3) dt.02-08-2022 2/2 Circle, Lakhisarai i.e. the respondent no. 3, however during the pendency of the present petition, the respondent no. 3 has passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 05.03.2018, which is sought to be assailed by the petitioners of the aforesaid cases by filing appropriate Appeal.
Having regard to the limited prayer made on behalf of the petitioners, the aforesaid two writ petitions stand disposed off, however with liberty to the petitioners to file appropriate appeal against the order dated 05.03.2018, passed by the respondent no. 3 and in case, such an Appeal is filed within a period of four weeks from today, the same shall be considered on merits, without being impeded by the issue of limitation and appropriate orders shall be passed thereon, in accordance with law, within a period of sixteen weeks, thereafter. The aforesaid two writ petitions stand disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) rinkee/- U