IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE NO.12808 OF 2011
SMT.BACHI DEVI W/O SHRI RAM NARAYAN SHARMA,
MOHALLA HORILGANJ POLICE STATION AND DISTRICT
JEHANABAD.
VERSUS
1. THE STATE OF BIHAR THROUGH THE DISTRICT
MAGISTRATE JEHANABAD
2. COLLECTOR JEHANABAD
3. SDM JEHANABAD
4. CIRCLE OFFICER JEHANABAD
5. SUPERINTENDENT OF POLICE JEHANABAD.
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2. 17.08.2011. Learned counsel for the petitioner is permitted to
make correction in para 1 of the writ petition.
The petitioner prays for quashing notice dated
4..7.2011, contained in Annexure 15, issued by the Circle
officer, Jehanabad in Encroachment case no. 9 of 2011 as
well as notice dated 23.7.2011 by which threatening has
been given to demolish her house purported to be situated
over Khata no. 07, plot no. 1756 situated in village
Daulatpur in the district of Jehanabad.
Learned counsel for the petitioner submits that so
far as notice dated 4.7.2011 is concerned, no portion of her
residential house is on the aforesaid plot. So far as notice
dated 23.7.2011 is concerned, he has already filed
representation contained in Annexure 17.
In view of the facts and circumstances of the case,
the writ petition is disposed of with observation that the
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authorities should dispose of the representation filed by the
petitioner contained in Annexure 17 by speaking order
within a period of four weeks from the date of receipt of a
copy of this order.
Till then the demolition pursuant to aforesaid
notice is stopped.
In case, the authorities find that petitioner has
encroached upon public land, they may proceed for
removal of the same in accordance with law.
Shashi. (Samarendra Pratap Singh,J.)