HC Patna disposed of a writ petition challenging a notice in an encroachment case. The court noted no final order has been passed to date and stayed the matter, allowing the petitioner to file objections.
Petition disposed of with liberty to file objection in pending encroachment case; status quo maintained.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17522 of 2018
======================================================
Rajesh Kumar @ Rajesh Sharma Son of Late Parshuram Sharma @ Parshuram Singh, resident of Village- Kamta, P.S. Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Kumar For the Respondent/s : Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 19-09-2022
The learned counsel for the RespondentState seeks to file a counter affidavit, which is taken on record.
Though the present writ petition has been filed for quashing the notice dated 3.8.2018 passed by the Circle Officer, Hilsa, District-Nalanda in connection with Encroachment Case No. 2/20182019, however, it has been informed by the learned counsel appearing for the RespondentState that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date.
Patna High Court CWJC No.17522 of 2018(3) dt.19-09-2022 2/2
In such view of the matter, the present writ petition stands disposed of with liberty to the petitioner to file his show cause reply /objection in the ongoing Encroachment Case No. 2/2018-2019 within a period of four weeks from today, whereupon the Circle Officer, Hilsa, DistrictNalanda shall consider the same and pass appropriate final orders, in accordance with law, within a period of twelve weeks, thereafter.
It is needless to state that till the final order is passed by the Circle Officer, Hilsa, DistrictNaldana, status quo, existing as on today qua the land / house in question, shall be maintained.
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether the writ petition calling for the quashing of a show cause notice stands disposed of in view of the pending final order under the Bihar Public Land Encroachment Act.
1 provisions across 1 enactments
Rajesh Kumar @ Rajesh Sharma
The State Of Bihar
The District Magistrate-Cum- Collector Nalanda
The Sub- Divisional Officer, Hilsa
The Deputy Collector of Land Reform, Hilsa
The Circle Officer, Hilsa
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
