Dasrath Yadav vs The State Of Bihar
2023 Latest Caselaw 4136 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11466 of 2022
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Dasrath Yadav S/o Sitaram Yadav, R/o Village- Mehtarpatti, P.O.- Birpur, P.S.- Basopatti, Dist.- Madhubani.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3. The Collector-cum- District Magistrate, Madhubani.

4. The Sub Divisional Public Grievance Redressal Officer, Jaynagar, Madhubani.

5. The Circle Officer, Basopatti.

6. The SHO, Basopatti.

7. Bisheshwar Yadav, S/o late Ghuran Yadav, R/o Mehtarpatti, P.S. and P.O.-

Basopatti, District- Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Respondent/s : Ms. Navnita Kumari, AC to GP18 For the Respondent No. 7: Mr. Alok Ranjan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 29-08-2023

The present writ petition has been filed seeking the

following relief:-

"1. That this is a writ petition on behalf of the Petitioner for issuance of a writ of certiorari or writs in the nature thereof or any other appropriate writs/orders/directions for quashing the notice dated 12.04.2021 u/s 6(2) of the Bihar Public Land Encroachment Act, 1956 of the Circle Officer, Basopatti whereby and where under the petitioner was directed to vacate 0.05 decimal of land in plot Patna High Court CWJC No.11466 of 2022 dt.29-08-2023

no.2182, Khata No.1567, situated in mauza-Birpur, District-Madhubani, within 15 days."

2. At the outset, the learned counsel for the petitioner seeks

liberty on behalf of the petitioner to challenge the order dated

27.2.2021, passed by the Circle Officer, Basopatti, District-

Madhubani, in connection with Encroachment Case No. 8 of

2019-20. Liberty, so sought, is granted.

3. It is needless to state that in case, appropriate appeal is

filed within a period of four weeks from today, the Appellate

Authority shall consider the same on merits, without being

impeded by the issue of limitation and pass a reasoned and a

speaking order, in accordance with law, forthwith.

4. The present writ petition stands disposed off.

(Mohit Kumar Shah, J)

Ajay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.08.2023
Transmission Date       NA