Babban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1247 of 2020 ====================================================== Babban Singh Son of Late Kashi Singh @ Late Kashinath Singh, resident of Village- Harpur, P.S. Charpokhari, District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Bhojpur at Ara.

3.

The Sub Divisional Officer, Piro, District- Bhojpur. 4.

The Circle Officer, Charpokhari, District- Bhojpur. 5.

Baliram Singh, S/o Late Bir Bahadur Singh, resident of Village - Harpur, P.O.- Charpokhari, District- Bhojpur.

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

For the Petitioner/s :

Mr.Arvind Kumar Sinha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2022 Though the present writ petition has been filed for quashing the notice issued to the petitioner, pertaining to Encroachment case no. 2 of 2019-20, by the Circle Officer, Charpokhari, District-Bhojpur, however the learned counsel for the petitioner submits that liberty be granted to the petitioner to file appropriate show cause reply and the aforesaid Circle Officer be directed to consider the same and pass final order under Section 6(1) of Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the "Act, 1956"), in accordance with law.

The learned counsel for the respondent State has got

Patna High Court CWJC No.1247 of 2020(2) dt.01-07-2022 2/2 no objection.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file show cause reply before the Circle Officer, Charpokhari, District-Bhojpur, within a period of four weeks from today, which shall be considered by the Circle Officer, Charpokhari, District-Bhojpur and appropriate orders shall be passed under Section 6(1) of the Act, 1956, within a period of four weeks, thereafter. It is needless to state that for a period of eight weeks, status quo, existing as on today, shall be maintained.

(Mohit Kumar Shah, J) rinkee/- U