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Patna High CourtCWJC/3575/2018disposed

Sumer Bind And ORS v. The State Of Bihar And ORS

2019-08-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3575 of 2018 ====================================================== 1.

Sumer Bind 2.

Mahendra Bind 3.

Kumar Bind @ Raj Kumar Bind All Sons of Late Sudhu Bind 4.

Khakhnu Bind, Son of Late Bihasu Bind.

5.

Shyam Lal Bind, Son of Jhegat Bind, All are Resident of Village-Sisaura, P.S.-Ramgarh, District-Kaimur, Bhabhua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THe Principal Secretary, Land Reforms and Revenue, Bihar, Patna. 3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate, Kaimur Bhabhua.

5.

The Dy. Collector, Land Reforms, Mohania, Kaimur. 6.

The Circle Officer, Ramgarh, Kaimur, Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nand Singh For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2019 The present writ petition has been filed for quashing the notice dated 26.11.2017 issued by the respondent no. 6 in connection with Encroachment Case No. 1 of 2017-18. This Court finds that the present writ petition is premature inasmuch as no final order has been passed by the Circle Officer, Ramgarh, Kaimur at Bhabua.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to file an objection in the aforesaid Encroachment

Patna High Court CWJC No.3575 of 2018(5) dt.06-08-2019 2/2 Case No. 1 of 2017-18 within a period of four weeks from today whereafter the respondent no. 6 shall pass a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956. It is made clear that if no objection is filed, the respondent no. 6 shall pass an ex parte order. Till the passing of the final order under Section 6 of the Bihar Public Land Encroachment Act, 1956, status quo existing as on today, shall be maintained.

(Mohit Kumar Shah, J) S.Sb/- U