Shreekant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15962 of 2023 ====================================================== Shreekant Prasad Son of Late Dinesh Prasad, Resident of Village- Babhana, P.S.- Jehanabad, District- Jehanabad.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Jehanabad.

3.

The Executive Officer, Nagar Parishad, Jehanabad, District- Jehanabad. 4.

The Circle Officer, Jehanabad, District- Jehanabad. 5.

Bhuntun Sharma, Son of Arvind Sharma, Resident of village- Bhabhna, P.S.- Jehanabad District- Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sheo Shankar Prasad ( Sc 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2024 The present writ petition has been filed seeking the following relief:- "1.(a) For quashing the Memo No.1618 dated 09.08.2023 passed by the Anchal Adhikari, Jehanabad contained in Annexure-5 whereby and whereunder the petitioner alongwith other thirteen villagers have been declared as encroacher of Plot no.1436 and 1693 both of Khata no.288 situated at Village Babhana, P.S. and District- Jehanabad and further it has been ordered for removal of encroachment from the said plot within a period of 20 days otherwise the cost of removal of encroachment would be taken from the encroachment and a criminal proceeding u/s 188 Cr.P.C. would be initiated

Patna High Court CWJC No.15962 of 2023(2) dt.07-05-2024 2/2 against them The said order has been passed in connection with Encroachment Case No.03 of 2023-24." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the final order passed by the Circle Officer, Jehanabad under Section 6(1) of the Bihar Publc Land Encroachment Act, 1956, in connection with Encroachment Case No.3 of 2023-24, by filing appropriate appeal. Liberty so sought is granted. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U