Ram Ji Paswan v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18703 of 2024 ====================================================== 1.

Ram Ji Paswan Son of Late Hira Paswan Resident of Village- Sowan, Police Station- Krishna Brahm, District- Buxar.

2.

Jawahir Chaudhary Son of Late Fagu Pasi Resident of Village- Sowan, Police Station- Krishna Brahm, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the District Collector, Buxar. 2.

The District Collector, Buxar.

3.

The Sub-Divisional Officer, Buxar.

4.

The Sub-Divisional Officer, Dumraon, Buxar.

5.

The Circle Officer, Anchal Dumraon, Buxar.

6.

The Block Development Officer, Dumraon, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of writ in the nature of writ of certiorari for quashing the notice issued by the Circle Officer, Dumraon, DistrictBuxar, vide letter No.1335, dated 27.06.2024, under section 3(c) of the Bihar Public Land encroachment Act, 1956, whereby and whereunder, direction has been issued as to why encroachment be not removed from the land appertaining to Khata No. 756, Khesara No. 2179, Area 6.5 Decimals, Thana 266, Mauja Sowa. The said notice has been issued on the basis of report of Revenue Clerk/Circle Inspector, under sections 2(3) of the Bihar Public Land Encroachment Act, 1956 as the land in question has

Patna High Court CWJC No.18703 of 2024(2) dt.17-12-2024 2/2 been found to be a Public Land in the alleged report."

2. At the outset, the learned counsel for the petitioner submits that though a notice dated 27.06.2024 has been issued by the Circle Officer, Anchal Dumraon, Buxar, in connection with the encroachment case in question, nonetheless, the petitioners be granted liberty to approach the Circle Officer, Anchal Dumraon, Buxar and submit their objections, whereupon the Circle Officer, Anchal Dumraon, Buxar be directed to pass the final order in accordance with the provisions contained under the Bihar Public Land Encroachment Act, 1956.

3. Having regard to the limited prayer made by the petitioners in the present case, I deem it fit and proper to grant liberty to the petitioners to file appropriate objections before the Circle Officer, Anchal Dumraon, Buxar within a period of two weeks from today, whereupon the Circle Officer, Anchal Dumraon, Buxar shall consider the same, in accordance with law and pass appropriate orders within a period of four weeks, thereafter.

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

(Mohit Kumar Shah, J) Saurav/- U