Krishna Tiwari @ Shree Krishna Tiwari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10099 of 2018 ====================================================== Krishna Tiwari @ Shree Krishna Tiwari Son of late Ramanand Tiwari@ Ram Nandan Tiwari Resident of Girihinda, P.O. Girihinda, P.S. and DistrictSheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate Cum District Collector, Sheikhpura. 3.

The Sub Divisional Officer, Sheikhpura, District- Sheikhpura. 4.

The Circle Officer, Sheikhpura, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Respondent/s :

Mr.Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2022 Though the present writ petition has been filed seeking to challenge the notice dated 26.11.2016, issued by the Circle Officer, Sheikhpura in Encroachment Case No. 53/2016-17 as also the notice dated 3.4.2018 issued under Section 6(2) of the Bihar Public Land Encroachment Act, 1956, however, it is submitted that the Circle Officer, Sheikhpura has not passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, hence, liberty is sought

Patna High Court CWJC No.10099 of 2018(3) dt.16-08-2022 2/3 on behalf of the petitioner to press the objections, already filed by the petitioner on 16.1.2017 before the Circle Officer, Sheikhpura. Thus, it is prayed that the Circle Officer, Sheikphura be directed to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 before proceeding further in the matter.

Accordingly, the present writ petition stands disposed of with a direction to the Circle Officer, Sheikhpura to consider the show cause reply /objection filed by the petitioner, which is annexed as Annexure-2 to the present writ petition and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 forthwith.

It is needless to state that status quo, existing as on today qua the building / land in question, shall be maintained till the final order is passed by the Circle Officer, Sheikhpura under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

The writ petition stands disposed of on the

Patna High Court CWJC No.10099 of 2018(3) dt.16-08-2022 3/3 aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U