Anjani Gupta v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18456 of 2024 ====================================================== Anjani Gupta Wife of Mukund Murari Sah alias Mukund Murari Gupta, Resident of Village- Gerabari, P.S.- Korha, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar.

2.

The District Magistrate, Katihar.

3.

The Sub-Divisional Officer, Katihar.

4.

The Circle Officer Korha, Katihar.

5.

The Executive Officer, Nagar Panchayat Korha, District Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the State :

Mr. Narendra Kumar Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of an appropriate writ/ writs, order/ orders, direction/ directions for quashing the notice dated 7.10.2024, issued by the Executive Officer, Korha (Respondent no. 5), in Encroachment Case No.1/2024-25, whereby the petitioner has been directed to remove the encroachment made over 1(one) decimal land, appertaining to Plot No. 882, Khata No. 398, situated at Anchal-Korha, District-Katihar, failing which necessary action will be taken against her under section 435 of the Bihar Municipal Act."

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.18456 of 2024(3) dt.12-12-2024 2/2 seeks liberty on behalf of the petitioner to file her reply/objection before the Executive Officer, Nagar PanchayatKorha, i.e. the respondent no.5, however, seeks a direction upon the respondent no.5 to consider the same and pass appropriate orders thereon, forthwith.

3. The learned counsel appearing for the respondent no.5 submits that in case appropriate objection/reply is filed by the petitioner to the notice issued to her, the same would definitely be decided, in accordance with law, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate reply/objection before the respondent no.5, within a period of two weeks from today, whereupon the respondent no.5 shall pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U