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Patna High CourtCWJC/328/2023disposed

Jalaluddin Ansari v. The State Of Bihar

2023-03-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.328 of 2023 ====================================================== Jalaluddin Ansari Son of Aliraja Ansari @ Late Aliraj Ansari @ Late Aliraj Ansari Resident of Village Tarwan Pojhiya P.s. Kopa District Saran (Chpara) ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Saran, Chapra.

3.

The Additional Collector, Chapra 4.

The D.C.L.R., Chapra.

5.

The Circle Officer, Jalalpur, Saran, Chapra.

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra,Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 Mr.Atul Shankar,AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 Though the present writ petition has been filed for quashing the notice dated 10.12.2022, issued by the Circle Officer-Jalalpur, Saran at Chapra, under Section 3 of the Bihar Public Land Encroachment Act, 1956, however, the learned counsel for the petitioner has submitted, at the outset, that the petitioner would be filing reply to the said notice dated 10.12.2022, within a period of two weeks from today, hence, some protection be granted till final disposal of the encroachment proceedings in question.

Patna High Court CWJC No.328 of 2023(2) dt.22-03-2023 2/2 Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file appropriate show cause reply to the aforesaid notice dated 10.12.2022, within a period of two weeks from today, whereupon the Circle Officer, Jalalpur, Saran at Chapra, shall consider the same and pass appropriate orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law 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) S.Sb/sonalU