Chotelal Pandit, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2876 of 2020 ====================================================== Chotelal Pandit, Son of Lakshmi Pandit, Resident of Village Nirmali, P.S. Nirmali, District-Supaul.

... ... Petitioner/s

Versus

1.

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

The Collector, Supaul.

3.

The Circle Officer, Nirmali, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2022 Though, the present writ petition has been filed for quashing the notice dated 01.08.2018, passed by the Circle Officer, Nirmali, Supaul, however, it has been submitted by the learned counsel for the respondent State, by referring to the counter affidavit, filed in the present case, that the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has already been passed on 27.08.2018, hence, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal before the Appellate Authority. Liberty so sought is granted.

It is needless to state that in case such an appeal is filed before the Appellate Authority within a period of 4 weeks from today, the Appellate Authority shall decide the same on

Patna High Court CWJC No.2876 of 2020(2) dt.20-09-2022 2/2 merits without being impeded by the issue of limitation. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U