Shambhu Sahni v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22239 of 2018 ====================================================== Shambhu Sahni Son of Late Surat Sahni, Resident of Village- Khairimal, Panchayat Jamuniya, Police Station- Pipra, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector, East Champaran at Motihari.

3.

The Sub Divisional Officer, Chakia, District- East Champaran. 4.

The Circle Officer, Chakia Circle, District- East Champaran. 5.

Bedami Sahni, Son of Shivbachan Sahni, Resident of Village- Khairimal, Police Station- Pipra, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy -Gp18 ====================================================== 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 04.10.2018, issued by the Circle Officer, Chakia, District- East Champaran, in connection with Encroachment Case No.05 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, Chakia has already passed the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 10.09.2018, hence, in case the petitioner is aggrieved by the same, he may file appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956.

Patna High Court CWJC No.22239 of 2018(2) dt.25-09-2024 2/2

2. Considering the aforesaid facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to challenge the final order dated 10.09.2018, passed by the Circle Officer, Chakia, District- East Champaran, in connection with Encroachment Case No.05 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