Disposed

Md. Idris alias Md. Idrish v. The State of Bihar

Patna HC18 Aug 2022CWJC/3716/2020

Case brief

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What is this about?

This order disposed of a writ petition seeking quashing of a notice under the Bihar Public Land Encroachment Act, 1956. The high court granted the petitioner liberty to file a show cause reply and directed the circle officer to pass final orders.

What did the court decide?

Petition disposed of with liberty to petitioners to file show cause reply; final orders to be passed within 12 weeks; status quo for 16 weeks.

Md. Idris alias Md. Idrish Vs The State of Bihar — Land Acquisition | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3716 of 2020

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Md. Idris alias Md. Idrish Son of Hussain Ali, Resident of Mohalla- Khagra, Ward No. 32, Paswan Tola, P.S. and District-Kishanganj, Bihar-855107

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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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The Kishanganj Municipal Council through its Enecutive Officer

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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.Sajid Salim Khan ( Sc25 )

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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 ‘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

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Patna High Court CWJC No.3716 of 2020(2) dt.18-08-2022 2/2

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Circle Officer, Kishanganj i.e. the Respondent no. 3 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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Md. Idris alias Md. Idrish v. The State of Bihar

Case brief

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Md. Idris alias Md. Idrish v. The State of Bihar

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