← Library
Patna High CourtCWJC/8/2025disposed

Bharat Kamat @ Bharat Mandal v. The State Of Bihar

2025-01-15Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8 of 2025 ====================================================== Bharat Kamat @ Bharat Mandal Late Siya Lal Mandal, resident of VillagePatori, Ward No. 1, Anchal-Singheshwar, District-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secetary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Commissioner, Kosi Division, Saharsa.

3.

The Collector, Madhepura.

4.

The Additional Collector, Madhepura.

5.

The SDO, Madhepura.

6.

The DCLR, Madhepura.

7.

The Circle Officer, Singheshwar Circle, Madhepura. 8.

The Circle Inspector, Singheshwar Circle, Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Mukund, Advocate For the Respondent/s :

Mr.Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2025

1. Though the present petition has been filed for quashing the notice dated 27.06.2024, issued by the Circle Officer, Singheshwar Circle, Madhepura i.e. the respondent no.7, in connection with Encroachment Case No.02 of 2024-25, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file his fresh objection alongwith the requisite documents in support of his case, before the Circle Officer, Singheshwar Circle, Madhepura in the aforesaid Encroachment Case No.02 of 2024-25, however, seeks a direction upon the Circle Officer, Singheshwar

Patna High Court CWJC No.8 of 2025(2) dt.15-01-2025 2/3 Circle, Madhepura to consider the same, in accordance with law and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and till then it is prayed that some protection be granted.

2. Having regard to the facts and circumstances of the case as also considering the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to file objection before the Circle Officer, Singheshwar Circle, Madhepura in the aforesaid Encroachment Case No.02 of 2024-25, within a period of four weeks from today, which shall be considered by the Circle Officer, Singheshwar Circle, Madhepura, in accordance with law and then the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed within a period of four weeks, thereafter and till then no coercive action shall be taken against the petitioner.

3. It is needless to state that in case no objection is filed within a period of four weeks from today, the Circle Officer, Singheshwar Circle, Madhepura shall, nonetheless, proceed ahead to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with the aforesaid Encroachment Case No.02 of 2024-25.

Patna High Court CWJC No.8 of 2025(2) dt.15-01-2025 3/3

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

(Mohit Kumar Shah, J) Saurav/- U