Arman Mian @ Usman Miyan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22271 of 2018 ====================================================== 1.

Arman Mian @ Usman Miyan Son of Julum Mian 2.

Rasid Mian Son of Shaheed Mian Both are resident of village-Raghunath Pur, Police Station-Majhauliya, District-West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Sub Divisional Magistrate, West Champaran at Bettiah. 4.

The Circle Officer, Majhauliya Circle, District-West Champaran. 5.

The Circle Inspector Majhauliya Circle, District-West Champaran at Bettiah. 6.

The Officer Incharge, Majhauliya Police Station, District-West Champaran. 7.

Asha Devi Wife of Ram Ayodhya Mukhiya Resident of Village-Raghunath Pur, Police Station-Majhauliya, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the State :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-09-2024 Though the present writ petition has been filed for quashing the notice dated 03.08.2018, issued by the Circle Officer, Majhauliya, District-West Champaran, in connection with Encroachment Case No.01 of 2018-19, however, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case, that the Circle Officer, Majhauliya has already passed the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 31.08.2018, hence, in case the petitioners are aggrieved

Patna High Court CWJC No.22271 of 2018(2) dt.25-09-2024 2/2 by the same, they may file appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956.

2. Considering the aforesaid facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to challenge the final order dated 31.08.2018, passed by the Circle Officer, Majhauliya, District-West Champaran, in connection with Encroachment Case No.01 of 2018-19, by filing appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956, if so advised.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U