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Patna High CourtCWJC/18522/2022disposed

Dinesh Bhagat @ Dinesh Singh v. The State Of Bihar

2023-07-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18522 of 2022 ====================================================== 1.

Dinesh Bhagat @ Dinesh Singh son of Late Nathuni Bhagat @ Late Nathuni Prasad resident of Village-Kurthia, P.S.-Bhore, District-Gopalganj. 2.

Ram Snehi Bhagat, son of Late Rojhan Bhagat, resident of Village-Kurthia, P.S.-Bhore, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Deptt., Govt. of Bihar, Patna.

2.

District Magistrate-cum-Collector, Distt. Gopalganj. 3.

Sub-Divisional Officer, Gopalganj.

4.

Anchal Adhikari, Bhorey, P.S.-Bhorey, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2023 Though the present writ petition has been filed for quashing the notice issued by the Circle Officer, Bhorey, District-Gopalganj dated 20.09.2022 under Section 3 of the Bihar Public Land Encroachment Act, 1956 in connection with Encroachment Case No. 7 of 2022-23, however, the learned counsel for the petitioners submits that they have already filed their reply/objection to the said notice dated 20.09.2022, hence the Circle Officer, Bhorey be directed to pass the final

Patna High Court CWJC No.18522 of 2022(2) dt.03-07-2023 2/2 order under Section 6(1) of the Bihar Public Land Encroachment Ace, 1956 and till then the petitioner be protected.

Having regard to the limited prayer made by the petitioners in the present writ petition, I deem it fit and proper to direct the Circle Officer, Bhorey, District-Gopalganj to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after considering the reply/objection already filed by the petitioners, in connection with Encroachment Case No. 7 of 202223, within a period of six weeks of receipt/production of a copy of this order and till then no coercive steps shall be taken against the petitioners.

The writ petition stands disposed off.

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