YUGAL KISHOR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the notice dtd. 21/10/2019, purportedly issued under Sec. 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956"), whereby and where under the petitioner has been directed to remove the encroachment in question, without passing any final order under Sec. 6(1) of the Act, 1956.

(2.) The learned counsel for the petitioner has submitted that there is no whisper about passing of the final order under Sec. 6(1) of the Act, 1956, in the impugned notice dtd. 21/10/2019, issued in Encroachment case no. 19 of 2019-20. It is further submitted that the Circle Officer, Nagar, Gaya was precluded from passing any punitive orders under Sec. 6(2) of the Act, 1956 without passing any final order under Sec. 6(1) of the Act, 1956.

(3.) This Court finds from the records of this case as also from the impugned notice dtd. 21/10/2019 that the Circle Officer, Nagar Gaya has proceeded to issue impugned notice dtd. 21/10/2019 under Sec. 6(2) of the Act, 1956 without passing any final order under Sec. 6(1) of the Act, 1956, hence the notice dtd. 21/10/2019 is illegal and de hors the provisions contained in the Act, 1956 and is accordingly, quashed, however with liberty to the Circle Officer, Nagar, Gaya to pass final orders under Sec. 6(1) of the Act, 1956 in connection with Encroachment case no. 19 of 2019-20, after considering the objection already filed by the petitioner herein as also after hearing the petitioner, for which this Court deems it fit and appropriate to fix the date and time of hearing as 20/11/2019 at 10.30 am.