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1984 Supreme(Pat) 285

N.P.SINGH, M.P.VARMA
Jagannath Jha – Appellant
Versus
State of Bihar – Respondent


Order

This writ application has been filed on behalf of the petitioner for quashing a notice dated 9.7.84 issued by the District Magistrate, Patna in the daily newspapers, a copy whereof is Annexure-11. By the impugned notice the District Magistrate has notified to public in general that in view of decision of this court in C.W.J.C. No. 3241 of 1982 given on 23.5.1984 none has any title over 57.71 acres of land, except the Budha Grih Nirman Sahyog Samiti. Detail of the lands has been given in the notice. He has further notified that any person in unauthorised possession of any portion of the said land should remove the encroachment or should file a show cause before the District Magistrate, failing which the encroachment shall be removed at the cost of the persons concerned.

2. With the consent of the counsel for tae petitioner and the respondents, this writ application is being disposed of at the stage of admission itself.

3. According to the petitioner, the notice has been issued without any authority in law. It was submitted on behalf of the petitioner that without initiating any proceeding under the Bihar Public Land Encroachment Act, it was not open to the District Magistrate to








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