Vakil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2297 of 2024 ====================================================== Vakil Kumar Singh Son of Ashok Singh Resident of Village Mangrawan P.S.- Kachhwa, District- Rohtas, Sasaram.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Principal Secretary, Land and Revenue Dept. Govt. of Bihar, Patna. 3.

District Magistrate-Cum-Collector Rohtas at Sasaram. 4.

Additional Collector, Rohtas at Sasaram.

5.

Sub-Divisional Officer, Bikramganj, District-Rohtas at Sasaram. 6.

Dy. Collector, Bikramganj, District-Nasriganj at Sasaram. 7.

Anchal Adhikari, Nasariganj, P.S.-Nasriganj District-Rohtas at Sasaram. 8.

Motilal Sah Son of Late Gaya sah Resident of Village and P.O.-Mangraon, P.S.-Kachhwa, District-Rohtas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Respondent/s :

Mr.Ashok Kr. Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To quash the order dated 27.12.23 passed by Anchal Adhikari, Nasriganj, District- Rohtas at Sasaram in Land Encroachment Case No. 6/23- 24 by which he has ordered to demolish the residential house of the petitioner standing over Khesra No. 1969 of Khata No. 948 situated in Village- Mangroan, P.S- Nasriganj at present Kachhwa Thana No. 59, District- Rohtas in which the petitioner is living with his family members, a copy of which is annexed as Annexure-5 to this petition."

Patna High Court CWJC No.2297 of 2024(2) dt.02-05-2024 2/3

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 27.12.2023, passed by the Circle Officer, Nasariganj, District-Rohtas, in Encroachment Case No.6 of 2023-24, by filing appropriate appeal, however, seeks some protection during the interregnum period.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to challenge the aforesaid order dated 27.12.2023, passed by the Circle Officer, Nasariganj, DistrictRohtas, by filing appropriate appeal and in case, the same is filed within a period of four weeks from today, the Appellate Authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, forthwith.

4. It is needless to state that in order to enable the petitioner to file appropriate appeal along with a petition for grant of interim order, I deem it fit and proper to direct the respondents to maintain status quo, existing as on today, qua the land/house of the petitioner in question, for a period of four weeks from today.

5. The writ petition stands disposed off on the

Patna High Court CWJC No.2297 of 2024(2) dt.02-05-2024 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U