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Patna High CourtCWJC/15943/2017disposed

Arjun Paswan v. The State Of Bihar And ORS

2018-09-05Mr. Justice Ashutosh Kumar,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15943 of 2017 ====================================== Arjun Paswan, Son of Bishundeo Paswan, Resident of VillageNarkatia, P.S.- Bihpur, district- Bhagalpur. ... ... Petitioner/s

Versus

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

2. The District Magistrate, Bhagalpur.

3. The Sub-Divisional Officer, Naugachhia, District- Bhagalpur.

4. The Deputy Collector, Land Reforms, Naugachhia, DistrictBhagalpur.

5. The Circle Officer,. Bihpur, District- Bhagalpur.

6. The Station House Officer, Police Station- Bihpur, DistrictBhagalpur.

7. Ramawtar Paswan @ Chamaklal Paswan, Son of Late Gurudeo Paswan, Resident of Village- Narkatia, P.S.- Bihpur, districtBhagalpur.

8. Chandeshwari Paswan, Son of Anuplal Paswan, Resident of Village- Narkatia, P.S.- Bihpur, district- Bhagalpur. ... ... Respondent/s ======================================= Appearance :

For the Petitioner/s :

Mr. Abdul Wadood, Adv For the Respondent/s :

Mr. Rishi Raj Sinha-SC-19 ======================================= CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-09-2018 From the materials on record, it appears that final order in the encroachment case has already been passed by the Circle Officer and even the notice dated 14.06.2018 has been issued under Section 6(2) of the

Patna High Court CWJC No.15943 of 2017(6) dt.05-09-2018 2/2 Bihar Public Land Encroachment Act, 1956.

Against the order passed by the Circle Officer, an appeal under Section 11 of the Bihar Land Encroachment Act, 1956 is maintainable.

Under such circumstances, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present petition.

The permission is accordingly granted.

If the appeal is preferred within a period of three weeks from today, the same shall be entertained on its own merits, however, without raising the issue with respect to the limitation.

With the aforesaid observation, the present petition is disposed of as withdrawn.

(Mukesh R. Shah, CJ) ( Ashutosh Kumar, J) Shageer/Krishna U