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Patna High CourtCWJC/16573/2022disposed

Nagarjun Kushwaha v. The State Of Bihar

2022-12-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16573 of 2022 ====================================================== Nagarjun Kushwaha Son of Awadhesh Prasad Kushwaha, Resident of Ward No. 11, Sonbarsa, P.S. Harsiddhi, District East Champaran, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Collector, East Champaran, Motihari.

3.

The Additional Collector (Revenue), East Champaran- Motihari. 4.

Sub-Divisional Officer, Areraj, District- East Champaran. 5.

The Deputy Collector Land Reforms, Areraj, East Champaran. 6.

Circle Officer, Harsiddhi, District East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2022 Though the present writ petition has been filed seeking to challenge the notice dated 26.11.2019, issued by the Circle Officer, Harsiddhi, East Champaran in connection with Encroachment Case No. 42/2019-20, however, it is submitted that despite the petitioner having filed his objections / reply on 7.2.2020, no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed and the Respondent authorities are orally threatening to demolish the house of the petitioner. In such view of the matter, it is submitted that the

Patna High Court CWJC No.16573 of 2022(2) dt.20-12-2022 2/2 Respondent No. 6 be directed to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 in connection with Encroachment Case No. 42/2019-20.

Having regard to the limited prayer made by the petitioner, I deem it fit and proper to direct the Respondent No. 6 to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of eight weeks of receipt / production of a copy of this order, if not already passed, and till then, status quo, existing as on today qua the land / house of the petitioner in question, shall be maintained.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U