Chandrika Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19597 of 2019 ====================================================== Chandrika Bhagat son of late Puran Bhagat, Resident of Village- Manjha Gosai, P.S.- Phulwariya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Gopalganj. 2.

The Sub-Divisional Officer, Hathua, Gopalganj. 3.

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

For the Petitioner/s :

Mr.Shyama Kant Singh For the Respondent/s :

Mr.Subash Chandra Yadav (GP-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2019 The present writ petition has been filed to set aside the notice dated 30.08.2019 issued by the Circle Officer, Phulwariya, District-Gopalganj in connection with Encroachment Case No. 3 of 2017-18 on the ground that without seeking any show cause reply or seeking objection from the petitioner herein, the petitioner has been directly intimated to remove the encroachment in question. The learned counsel for the petitioner further refers to an order dated 10.01.2018 passed in CWJC No. 299 of 2018, whereby and whereunder the Circle Officer, Phulwariya, was directed to examine the record and conduct spot verification and only thereafter, he had to come to a finding as to whether the public road/ land has been encroached upon or not and then he was required to initiate a proceeding with regard to the land in question and after giving due opportunity of hearing to the encroachers, he was required to pass final order within a period

Patna High Court CWJC No.19597 of 2019(2) dt.20-09-2019 2/2 of three months, thereafter. However, it is submitted that no opportunity of filing any objection has been granted to the petitioner herein, hence the notice dated 30.08.2019 is de hors the provisions of the Bihar Public Land Encroachment Act, 1956.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to file objection before the Circle Officer, Phulwariya, District-Gopalganj within a period of four weeks from today, in connection with Encroachment Case No. 3 of 2017-18, whereupon the Circle Officer shall pass the final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after considering the objection filed by the petitioner herein.

It is needless to state that in case no objection is filed within a period of four weeks from today, the Circle Officer, Phulwariya, District-Gopalganj shall be free to pass ex parte orders.

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