Kuku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.696 of 2024 ====================================================== Kuku Kumar Son of- Late Bachchu Singh, Resident of Village- Tanrapar, P.S.- Bena, District- Nalanda, At present residing at Mohalla- Nav Vihar Colony, East of Ganga Pradushan, Bari Pahari, P.S. - Agamkuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector-cum-District Magistrate, Nalanda at Biharsharif. 3.

The Sub Divisional Officer, Hilsa, District- Nalanda. 4.

The Deputy Collector Land Reforms, Hilsa, District- Nalanda. 5.

The Circle Officer, Harnaut Anchal, P.S.- Harnaut, District- Nalanda. 6.

The S.H.O. Bena Police Station, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2024

1. Though the present writ petition has been filed for quashing the notice dated 13.12.2023, issued by the Circle Officer, Harnaut, Nalanda, i.e. the respondent no.05, in connection with Encroachment Case No.22 of 2023-24, however, the learned counsel for the respondent-State has at the outset, pointed out that the respondent no.05 has already passed the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 13.12.2023, copy whereof has been handed over to this Court as well as to the learned counsel for the petitioner. Let the same be kept on record.

Patna High Court CWJC No.696 of 2024(3) dt.28-10-2024 2/2

2. At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to utilize the aforesaid photocopy of the final order dated 13.12.2023, passed by the respondent no.05, for the purposes of filing appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956 and during the interregnum period some protection be granted. Liberty so sought is granted.

3. It is needless to state that in the meantime, status quo existing as on today qua the land/house of the petitioner in question shall be maintained in order to enable the petitioner to file appropriate appeal and obtain interim relief.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U