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Madheshwar Sharma, v. The State of Bihar

Patna HC24 Oct 2019CWJC/20990/2019

Case brief

AI extract

What is this about?

The High Court declared a notice issued under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 as void because notice was sent without a mandatory prior order under Section 6(1) of the Act. The officer was directed to pass such an order first.

What did the court decide?

Notice dated 01.07.2019 held void; Circle Officer directed to pass final order under Section 6(1) first.

Madheshwar Sharma, Vs The State of Bihar — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20990 of 2019

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Madheshwar Sharma, son of Late Ram Naresh Singh, resident of South of Nala, Mohanpur, Punaichak, P.O. and P.S. Shashtrinagar, Patna- 800023.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary Government of Bihar, Old Secretariat Patna.

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna.

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The Collector, Patna.

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The Additional Collector, Patna.

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The Deputy Collector, Land Reforms, Patna Sadar, Patna.

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The Circle Officer, Patna Sadar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jai Vardhan Narayan For the Respondent/s : Mr.Sajid Salim Khan ( Sc25 )

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 24-10-2019

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The present writ petition has been filed for setting aside the notice issued to the petitioner under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 in Encroachment case no. 41 of 2018-19 dated 01.07.2019.

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The learned counsel for the petitioner submits that the notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 has been issued to the petitioner by the Circle Officer, Patna Sadar, Patna without passing the final order in encroachment proceedings i.e. case no. 41 of 2018-19 under Section 6(1) of the Bihar Public Land Encroachment Act,

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Patna High Court CWJC No.20990 of 2019 dt.24-10-2019 2/2

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Having regard to the facts and circumstances of the case, the notice dated 01.07.2019 issued by the Circle Officer, Patna Sadar, Patna is held to be void and the said Circle Officer is directed to pass final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 in the ongoing Encroachment case no. 41 of 2018-19 before taking any action under Section 6(2) of the Act, 1956.

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The present writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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rinkee/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	04.11.2019
Transmission Date	NA

Madheshwar Sharma, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Madheshwar Sharma, v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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