← Library
Patna High CourtCWJC/675/2020disposed

Ravi Shankar Prasad v. The State Of Bihar

2020-02-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.675 of 2020 ====================================================== 1.

Ravi Shankar Prasad Son of late Prem Nath Prem, Resident of VillageBaswariya, Ward No. 29, Police Station- Bettiah Town, District- West Champaran.

2.

Gauri Shankar Prasad, Son of late Prem Nath Prem, Resident of VillageBaswariya, Ward No. 29, Police Station- Bettiah Town, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Collector, Bettiah, West Champaran.

3.

The S.D.O., Bettiah Sadar, West Champaran.

4.

The Circle Officer, Bettiah Sadar, West Champaran. 5.

The Chairman, Nagar Parishad, Bettiah, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) For Respondent No.5 :

Mr.Priyadarshi Matri Sharan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2020 The petitioner has put to challenge notice dated 28.06.2019, issued by the Circle Officer, Bettiah, West Champaran, in encroachment case No. 03/17-18, 02/19-20, under Section 3 of the Bihar Land Encroachment Act, 1956.

2. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has not encroached upon any public land and he is residing in his own residential accommodation since last several decades.

3. The plea, which the petitioner is taking in the

Patna High Court CWJC No.675 of 2020(2) dt.20-02-2020 2/2 present proceeding, could have been taken by him by responding to the impugned notice.

4. It goes without saying that if the petitioner submits his explanation, as sought in the notice dated 28.06.2019, the Circle Officer shall be required to consider the same and pass appropriate orders in accordance with law.

5. This writ application stands disposed of with aforesaid observation.

(Chakradhari Sharan Singh, J) AKASH/- U