Disposed

Dom Matho alias Doma Mahto, v. The State of Bihar

Patna HC18 Aug 2022CWJC/3677/2020

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What is this about?

This High Court order disposed of a writ petition seeking quashing of a notice. The court granted liberty to the petitioner to file a show cause reply and directed the respondent to pass a final order, while maintaining the status quo for 16 weeks.

What did the court decide?

Liberty granted to file show cause reply; direction to pass final order under S. 6(1) within 12 weeks; status quo maintained for 16 weeks.

Dom Matho alias Doma Mahto, Vs The State of Bihar — Property and Title | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3677 of 2020

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Dom Matho alias Doma Mahto, Son of Late Brahamdev Mahto, Resident of Village-Khagra, Ward No. 32, Town, P.S. and District-Kishanganj.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar.

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The District Magistrate, Kishanganj.

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The Circle Officer, Kishanganj.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Najmul Hoda For the Respondent/s : Mr.Md. Khursid Alam ( Aag12 )

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-08-2022

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Though, the present writ petition has been filed seeking quashing of the notice dated 04.01.2018 issued u/s 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as

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‘the Act, 1956’), in connection with a Land Encroachment Case initiated against the petitioner, but it is the submission of the learned counsel for the petitioner that without passing any order u/s 6(1) of the Act, 1956, a notice dated 24.02.2018 u/s 6(2) of the Act, 1956 has been issued, hence, it is submitted that the petitioner be granted liberty to file his show cause reply and the Circle Officer, Kishanganj i.e. the Respondent no. 3

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Patna High Court CWJC No.3677 of 2020(2) dt.18-08-2022 2/2

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be directed to pass final order u/s 6(1) of the Act, 1956.

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Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate show cause reply in the aforesaid encroachment case, initiated against the petitioner, within a period of four weeks from today whereupon the respondent no.3 shall consider the same and pass final orders thereon u/s 6(1) of the Act, 1956 within a period of 12 weeks, thereafter.

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It is needless to state that for a period of sixteen weeks from today, status quo existing as on today shall be maintained.

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The writ petition stands disposed of on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Ajay/-

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Dom Matho alias Doma Mahto, v. The State of Bihar

Case brief

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Dom Matho alias Doma Mahto, v. The State of Bihar

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