Niraj Kumar Sharma, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20606 of 2019 ====================================================== 1.

Niraj Kumar Sharma, S/o Ramashray Sharma, Resident of Village- Kokarsa, P.S.- Hulasganj, District- Jehanabad.

2.

Abhay Prasad, S/o Baban Sharma @ Babuna Singh, Resident of VillageKokarsa, P.S.- Hulasganj, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Revenue, Govt. of Bihar, Patna.

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Jehanabad.

4.

The Superintendent of Police, Jehanabad.

5.

The Circle Officer, Hulasganj, District- - Jehanabad. 6.

The Officer-in-Charge, Hulasganj Police Station, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 22-10-2019 1.

The present writ petition has been filed for quashing the notice dated 09.09.2019, issued under Section 6(2) of the Bihar Public Land Encroachment Act on the ground that the same has been issued, without a final order under Section 6(1) of the Act, 1956 having been passed by the Circle Officer, Hulasganj, Dist-Jehanabad.

2.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have already been granted opportunity to file their objections, the Circle

Patna High Court CWJC No.20606 of 2019 dt.22-10-2019 2/2 Officer, Hulasganj, Dist-Jehanabad is directed to pass final order under Section 6(1) of the Act, 1956, till which time, no coercive action shall be taken against the petitioners. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.10.2019 Transmission Date NA