Disposed

Rajendar Jandar v. The State Of Bihar and Ors.

Patna HC6 Dec 2018CWJC/15552/2018

Case brief

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What is this about?

The petitioner sought to quash a notice for removing encroachment from public land. The court dismissed the writ petition in limine, directing the petitioner to appear and file a reply before the Circle Officer, who must dispose of the matter with a reasoned order within six months.

What did the court decide?

Directed petitioner to file reply to notice; Circle Officer to dispose of case with reasoned order within six months.

Rajendar Jandar Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15552 of 2018

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Rajendar Jandar, Son of Kishun Jandar, Resident of Village- Bhaduar, Post & P.S.- Dewdha, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The District Magistrate, Madhubani.

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The Circle Officer- Jainagar, District- Madhubani.

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Saukhi Jandar, Son of Madhuri Jandar, Resident of Village- Bhaduar, Post & P.S.- Dewdha, District- Madhubani.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Jha Mr. Rajesh Kumar Verma Mr. Shreepal Jha For the Respondent/s : Mr. Mukul Prasad -A.C. to G.P.18 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 06-12-2018

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Heard learned counsel for the petitioner.

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The petitioner has filed this writ petition to quash the

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notice dated 29.07.2018 issued by the C.O., Jainagar, Madhubani by which the C.O., Jainagar asked the petitioner to vacate the land bearing Khesra No.1753, Khata No.394 measuring 4 decimals situated in Mauza-Bhadaur.

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Learned counsel for the petitioner submits that house of the petitioner is situated on the aforesaid land of Gairmajarua Sarv Sadharan for last more than 150 years, therefore, the notice is bad but from perusal of the notice itself, it appears that a proceeding has been initiated for removal of encroachment from the public land and the petitioner is called upon to show that

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Patna High Court CWJC No.15552 of 2018(2) dt.06-12-2018 2/2

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why the encroachment from the public land be not removed. Therefore, I direct the petitioner to appear before the C.O. and file his reply. C.O. shall after considering the reply of the petitioner dispose of the case with reasoned order within six months from the date of receipt of this order. With the aforesaid observation, this writ petition is disposed of.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Rajendar Jandar v. The State Of Bihar and Ors.

Case brief

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Rajendar Jandar v. The State Of Bihar and Ors.

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