Disposed

Bhola Ray v. The State Of Bihar (and Ors)

Patna HC1 Jul 2022CWJC/492/2019

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition concerning an encroachment case, granting the petitioner liberty to file a show cause reply within four weeks. The Circle Officer was directed to consider the reply and pass a final order within six weeks, maintaining status quo until then.

What did the court decide?

Liberty to petitioner to file show cause reply with documents within four weeks; Circle Officer to consider and pass order within six weeks; status quo maintained.

Bhola Ray Vs The State Of Bihar (and Ors) — Land Acquisition | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.492 of 2019

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Bhola Ray, son of Late Manishi Ray, resident of village- Dharampur Ishahaque, P.S. B aruraj, District Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate cum Collector, Muzaffarpur.

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The Sub-Divisional Officer, West, Muzaffarpur.

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The Circle Officer, Block Motipur, District Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Yugal Kishore, Adv. For the Respondent/s : Mr.Sajid Salim Khan-25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 01-07-2022

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Though, the present writ petition has been filed for staying the proceeding of the Encroachment Case No. 2 of 20182019 initiated by the Circle Officer, Motipur, Muzaffarpur, however, the learned counsel for the petitioner has confined his reliefs to granting of liberty to the petitioner to file appropriate show cause reply annexing the relevant documents in his favour, which should be directed to be considered by the Circle Officer, Motipur Muzaffarpur, while passing the final order under section 6(1) of the Bihar Public Land Encroachment Act, 1956.

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The learned counsel appearing for the Respondent State, Shri Sajid Salim Khan, submits that the Circle Officer, Motipur, Muzaffarpur shall definitely consider the show cause reply of the petitioner, including the documents to be submitted by the petitioner herein and pass appropriate orders in accordance with law.

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Patna High Court CWJC No.492 of 2019(2) dt.01-07-2019 2/2

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Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate show cause reply annexing relevant documents in his favour within a period of four weeks from today in the ongoing Encroachment Case No. 2 of 2018-19, which shall be considered by the Circle Officer, Motipur, Muzaffarpur and finall order shall be passed within a period of six weeks, thereafter.

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It is needless to state that till the final order is passed by the Circle Officer, Motipur, Muzaffarpur, in the aforementioned encroachment case, status quo existing as on today shall be maintained.

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(Mohit Kumar Shah, J)

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Tiwary/-

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Bhola Ray v. The State Of Bihar (and Ors)

Case brief

What is this about?

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Bhola Ray v. The State Of Bihar (and Ors)

Case brief

What is this about?

What did the court decide?

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