Disposed

Rajesh Kumar @ Rajesh Sharma v. The State of Bihar

Patna HC7 Dec 2023CWJC/17245/2023

Case brief

AI extract

What is this about?

This case involved a writ petition seeking to quash a removal notice and restrain demolition of a house in encroachment proceedings. The court granted a 30-day stay on possession interference and directed the Governorate to comply via fax and email.

What did the court decide?

Notice under Section 6(2) of Bihar Public Land Encroachment Act, 1956 to be quashed; possession not to be interfered with for thirty days; order communicated to District Magistrate.

Rajesh Kumar @ Rajesh Sharma 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.17245 of 2023

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Rajesh Kumar @ Rajesh Sharma son of Late Nawal Kishor Singh @ Late Nawal Singh @ Nawal Sharma, Resident of Village Jaiyatipur, Post OfficeJaiyatipur Kurua, Police Station-Ghosi, District Jahanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Land Reform Department, Government of Bihar, Patna.

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The District Magistrate cum Collector, Jehanabad.

The Superintendent of Police, Jehanabad.

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The Sub Divisional Officer, Jehanabad, District Jehanabad.

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The Deputy Collector Land Reform, Jehanabad, District Jehanabad.

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The Circle Officer, Modanganj Circle, District Jehanabad.

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Anchal Amin, Modanganj Circle, District Jehanabad.

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Vijay Sharma, son of Gopal Sharma, Resident of Village Jaiyatipur Dih, Post Ofice Jaiyatipur Kurua, Police Station-Ghosi, District Jehanabad.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Ravi Shanker Pankaj For the Respondent/s : Mr.Raj Kishore Roy ( Gp 18 )

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

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ORAL ORDER

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2 07-12-2023 Heard the parties.

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This application has been filed on behalf of the

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petitioner for quashing the notice issued by the respondent No. 6 to the petitioner vide Letter No. 1801 and also for restraining the respondent No. 7 from demolishing the residential house of the petitioner.

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The petitioner is aggrieved by the final order passed by the Circle Officer, Modanganj, Jehanabad and the petitioner has been issued notice under Section 6(2) of the Bihar

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Patna High Court CWJC No.17245 of 2023(2) dt.07-12-2023 2/2

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Public Land Encroachment Act, 1956. The order for removal of encroachment has been passed in Encroachment Case No. 11 of 2022.

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Learned counsel for the petitioner submits that he will approach the District Magistrate, Jehanabad in appeal against the order passed in Encroachment Case No. 11 of 2022. If such an appeal is filed with a stay petition within thirty days from today then the Collector, Jehanabad will pass an order in accordance with law on the stay petition and will hear the petitioner in appeal.

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For the next thirty days, the petitioner's possession shall not be interfered with.

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With the aforesaid directions, this application is disposed of.

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Let a copy of this order be communicated to the District Magistrate, Jehanabad through FAX and e-Mail for its compliance forthwith.

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(Sandeep Kumar, J)

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Vikas/-

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Rajesh Kumar @ Rajesh Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Rajesh Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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