Disposed

Bhagwan Prasad Singh v. The State of Bihar

Patna HC10 Apr 2023CWJC/1578/2023

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What is this about?

In a civil writ petition challenging a notice issued by the Circle Officer for encroachment proceedings, the High Court granted the petitioner liberty to file an appeal against a final order dated 01.07.2016. An order maintaining status quo for four weeks was also issued.

What did the court decide?

Liberty to file appropriate appeal against the final order passed by the Circle Officer was granted; status quo maintained for four weeks.

Bhagwan Prasad Singh Vs The State of Bihar — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1578 of 2023

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Bhagwan Prasad Singh Son of Chandradeo Singh, Resident of Village and P.S.- Phulari, P.S.- Sandesh, District- Bhojpur at Ara.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Land and Revenue Department, Government of Bihar at Patna.

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The District Magistrate, District- Bhojpur at Ara.

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The Sub-Divisional Officer, District- Bhojpur at Ara.

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The Circle Officer, Sandesh, District- Bhojpur at Ara.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Dwivedi,Adv. For the Respondent/s : Mr.Sajid Salim Khan,SC-25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 10-04-2023

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Though the present writ petition has been filed seeking quashing of the notice dated 14.12.2022, issued by the Circle Officer, Sandesh, District, Bhojpur at Ara, however, the learned counsel for the respondent-State has referred to the counter affidavit, filed in the present case to show that the Circle Officer, Sandesh has already passed the final order on 01.07.2016, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.3 of 2016-17, hence, in such view of the matter, the learned counsel for the petitioner seeks liberty

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Patna High Court CWJC No.1578 of 2023(4) dt.10-04-2023 2/2

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on behalf of the petitioner to file appropriate appeal against the aforesaid final order passed by the Circle Officer, Sandesh in connection with Encroachment Case No. 3 of 2016-17. Liberty so sought is granted.

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It is needless to state that for a period of four weeks from today, status quo existing as on today, qua the land/house of the petitioner/ his father, shall be maintained in order to enable them to file appropriate appeal and obtain appropriate interim orders.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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sonal/S.Sb-

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Bhagwan Prasad Singh v. The State of Bihar

Case brief

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Bhagwan Prasad Singh v. The State of Bihar

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