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Patna High CourtCWJC/902/2018disposed

Ram Dayal Singh v. The State Of Bihar And ORS

2022-07-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.902 of 2018 ====================================================== Ram Dayal Singh son of late Ram Bilash Singh resident of village - Sarthua, Police Station - Udwant Nagar, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Land Reforms Deputy Collector, Bhojpur.

3.

The Block Development Officer, Udwant Nagar, Bhojpur. 4.

The Circle Officer, Udwant Nagar, Bhojpur.

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

For the Petitioner/s :

Mr.Uday Kumar For the Respondent/s :

Mr.Subhash Chandra Yadav- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2022 Though the present writ petition has been filed for quashing of the notice dated 26.9.2017, issued by the Circle Officer, Udwant Nagar, Bhojpur i.e. the Respondent No. 4 under Section 3 of the Bihar Public Land Encroachment Act, 1956, whereafter, a notice for removal of the encroachment has been issued to the petitioner without either hearing the petitioner or passing an order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 but the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to approach the

Patna High Court CWJC No.902 of 2018(3) dt.26-07-2022 2/2 Respondent No. 4 in order to file his show cause reply and then, it is submitted that the Respondent No. 4 be directed to pass final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

Accordingly, the present writ petition stands disposed of, however, with liberty to the petitioner to file show cause reply within a period of four weeks from today before the Respondent No. 4 and in case, such a reply is filed, the same shall be considered in accordance with law and final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed within a period of eight weeks, thereafter.

It is needless to state that for a period of twelve weeks from today, status quo, existing as on today, shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U