Noni Gopal Datta Alias Nani Gopal Datta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17821 of 2022 ====================================================== Noni Gopal Datta alias Nani Gopal Datta Son of Amrendra Nath Dutta Resident of Village- Tulasiya, Circle and P.S.- Dighal Bank, DistrictKishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Kishanganj.

3.

The Deputy Collector Land Reforms, Kishanganj. 4.

The Circle Officer, Dighal Bank Circle, District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Ranjit Kumar, Adv.

Mr.Rishikesh Ojha, Adv.

For the Respondent/s :

Mr.Raj Kishore Rai(Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2022 The present writ petition has been filed seeking quashing of the notice dated 29.8.2022 as also the notice dated 12.12.2022, issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 by the Respondent No. 4 in connection with Encroachment Case No. 1/2022-23.

At the outset, the learned counsel for the petitioner has submitted that the petitioner has already filed his objections / reply to the aforesaid notices, issued by the Respondent No. 4, on 2.9.2022/ 12.12.2022 (Annexure-11 to the present

Patna High Court CWJC No.17821 of 2022(2) dt.21-12-2022 2/2 writ petition), hence, the Respondent No. 4 be directed to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and till then, some protection be granted to the petitioner herein.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with a direction to the Respondent No. 4 i.e. the Circle Officer, Dighal Bank Circle, District-Kishanganj to consider the objections / reply filed by the petitioner to the notices issued under the Section 3 of the Bihar Public Land Encroachment Act, 1956 and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 forthwith and till then, status quo, existing as on today qua the land / house of the petitioner in question, shall be maintained.

(Mohit Kumar Shah, J) Ajay/- U