Writ petition filed to quash encroachment proceedings. Court disposed of the petition granting interim liberty to file a reply to the show cause notice within four weeks and maintaining status quo for eight weeks.
Petition disposed; liberty granted to file reply to show cause notice within four weeks; status quo maintained for eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1437 of 2020
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Vijay Paswan @ Vijay Kumar Prasad S/o Khaderan Ram @ Khaderan Paswan, Resident of Village-Parmanpur, P.S. Dawath, District-Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shambhu Sharan Singh For the Respondent/s : Mr. Dhurjati Kumar Prasad, G.P. 14 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 06-07-2022
Though, the present writ petition has been filed for quashing the encroachment proceedings initiated vide Encroachment Case No. 92 and 93 of 2019-20 by the Circle Officer, Dawath, however, the learned counsel for the petitioner has confined his relief to the extent of liberty being granted to the petitioner to file reply to the show cause notice before the Circle Officer, Dawath and in the meantime some protection be granted to the petitioner.
Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file reply to the show cause
Patna High Court CWJC No.1437 of 2020(2) dt.06-07-2022 2/2
notice within a period of four weeks from today, in the ongoing Encroachment Case No. 92 and 93 of 2019-20, in case the proceedings of the same have not already been concluded, whereafter the Circle Officer, Dawath shall consider the same and after hearing the effected party shall pass appropriate order in accordance with law u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks thereafter.
It is needless to state that for a period of eight weeks from today, status quo existing as on today shall be maintained.
(Mohit Kumar Shah, J)
Tiwary/-
U
1 issue framed by the court
Whether to grant interim protection and liberty to reply to show cause notice in encroachment proceedings.
1 provisions across 1 enactments
Vijay Paswan @ Vijay Kumar Prasad
State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna
The Principal Secretary, Rural and Housing Department, Govt. of Bihar, Patna
The District Magistrate-Cum-Collector, Rohtas
The Superintendant of Police, Rohtas
The Deputy Collector, Land Reforms, Rohtas
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
