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Judgment
Heard learned counsel for the parties.
The present writ application has been filed for quashing
the notice dated 30.6.2015 issued by respondent no. 5, the Circle
Officer, Fatuha, whereby twenty eight persons including the petitioner
whose name appear at serial number 14 of the notice as contained in
Annexure 1, have been directed to file documents with regard to their
claim over the land appertaining to Thana No. 20, Khata No. 60, Plot
No. 508 area 0.29 decimals situated in Mauza Mirjapur Nauhatta.
It appears that the said notice was issued in pursuance to
some order passed in the writ application filed with regard to encroachment of Kabristan.
It is submitted by learned senior counsel for the
petitioner that the petitioner and others are keeping their wooden
shops (Gumti) in between the land of the flank of the road and
Kabristan though the petitioners and others have made payment of
rupees five thousand each for running shops to the Kabristan Suraksha
Samiti. The report of the Notified Area Committee as contained in
Annexure 3 suggests that the wooden shops are in between the land of
Kabristan and the flank of the road and the shopkeepers used to pay
certain amount per day to the local contractor.
Learned counsel for the respondent State submits that
simply notice has been issued and the authorities have directed the
petitioner and others to produce documentary evidence with regard to
their claim over the land in question.
Considering the rival submission of the parties, this
court is not inclined to interfere in the matter at this stage. However, it
is expected from respondent no. 5 the Circle Officer, Fatuha, Patna to
conclude the proceeding if it has already not been concluded in
accordance with law after giving notice to all affected persons,
preferably, within a period of three months. It is expected from the
petitioner to appear regularly till the conclusion of the proceeding.
Till then, status quo, as existing today, shall be
maintained.
The writ application stands disposed of.