Ramesh Kumar Sharma vs The State Of Bihar
2023 Latest Caselaw 2436 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10746 of 2022
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Ramesh Kumar Sharma, Son of Ramdeo Sharma, Resident of Village - Darve, Bhadaur, P.S. - Darve Bhadaur, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2. The District Magistrate, Patna.

3. The Sub-Divisional Officer, Barh, Patna.

4. The Circle Officer, Pandarak, Barh, Patna.

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

For the Petitioner/s : Mr. Ajit Kumar, Advocte Mr. Nalin Ranjan, Advocate Mr. Abhay Kumar, Advocate For the Respondent/s : Mr. Rampravesh Nath Tiwari, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 16-05-2023

Heard Mr. Abhay Kumar, learned counsel appearing

on behalf of the petitioner and Mr. Rampravesh Nath Tiwari,

representing the State of Bihar.

2. By invoking the extra ordinary jurisdiction of this

Court, under Article 226 of the Constitution of India, the

petitioner seeks quashing of the notice dated 10.06.2022 issued

under the signature of Circle Officer, Pandarak in Encroachment

Case No. 18/2021-2022 whereby direction has been issued to

remove the encroachment by 30.06.2022 over the land bearing

Thana No. 293, Thana- Darvey Bhadaur, Village- Darvey

Bhadaur, Patna having Khesra No. 2243, Area 36 decimals. Patna High Court CWJC No.10746 of 2022 dt.16-05-2023

3. Considering the submissions made on behalf of the

petitioner that the order of removal of encroachment has been

passed without issuing the proper notice or providing an

opportunity of hearing this Court vide order dated 01.05.2023,

directed the District Magistrate, Patna to enquire into the matter

and bring on record any order passed under Section 6(1) of the

Bihar Public Land Encroachment Act, 1956 (hereinafter referred

to as the "Act") in connection with Encroachment Case No. 18

of 2021-2022.

4. In deference to the aforenoted order of this Court, a

counter affidavit has been filed on behalf of the respondent nos.

2 to 4, which is taken on record.

5. With reference to the statement made in the counter

affidavit submission has been made on behalf of the State

respondents that notice for removal has been issued without

passing any order under Section 6(1) of the Act. Hence, the

notice dated 10.06.2022 issued under Section 6(2) has been set

aside and further direction has been given to the Circle Officer

to pass appropriate order under Section 6(1) of the Act, in

accordance with law.

6. Considering the averments made in the counter

affidavit and the submissions of the parties, this Court deems it Patna High Court CWJC No.10746 of 2022 dt.16-05-2023

appropriate to dispose of the writ application with a direction to

the respondent no. 4 to pass appropriate final order under

Section 6(1) of the Act, within a period of two weeks from the

date of receipt/production of a copy of this order, in accordance

with law.

7. Accordingly, the present writ application stands

disposed of.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.05.2023.
Transmission Date       NA