Bechani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1667 of 2023 ====================================================== Bechani Devi wife of Mistu Rishi, resident of Village- Chapahari, P.O.- Chapahari, P.S.- Rupouli, District- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Purnea. 2.

The District Magistrate, Purnea.

3.

The Divisional Commissioner, Purnea.

4.

The Sub- Divisional Officer (S.D.O.), Dhamdaha, Purnia. 5.

The Circle Officer, Purnea.

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

For the Petitioner/s :

Mr.Sanchay Srivastava, Advocate :

Mr. Sushant Srivastava, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2023 The present writ petition has been filed for setting aside the notice dated 10.12.2022, issued to the petitioner under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter two be referred to as "the Act, 1956"). The learned counsel for the respondent- State has filed a counter affidavit, which is taken on record. Admittedly, no final order under Section 6(1) of the Act, 1956 has been passed, thus no notice could have been issued under Section 6(2) of the Act, 1956, hence, the aforesaid notice dated 10.12.2022, being illegal, is set aside, however, liberty is granted to the Circle Officer, Purnea to proceed

Patna High Court CWJC No.1667 of 2023(2) dt.18-03-2023 2/2 further, in accordance with law.

The writ petition stands allowed to the aforesaid extent.

(Mohit Kumar Shah, J) rinkee/- U