Akhilesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1190 of 2019 ====================================================== Akhilesh Singh Late Ram Ayodhya Singh @ Late Ayodhya Singh Resident of Village- Kekarha, Police Station- Sheosagar, District Rohtas at Sasaram. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Land and Revenue Department, Government of Bihar, New Secretariat- Patna-1

2. The District Magistrate cum Collector, Rohtas at Sasaram

3. The Circle Officer, Sheosagar, Rohtas at Sasaram.

4. Barbari Gosai Late Ramjee Gosai

5. Keso Gosai Late Balchand Gosai, both respondent no.4 and 5 are resident of Village- Kekarha, Police Station- Sheosagar, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Respondents :

Mr.Subash Chandra Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioner : 1(a) For issuance of an appropriate writ/writs/direction/directions/order/orders to quash the notice dated 10.01.2019 passed in Encroachment Case No.23 of 2014-15 passed by the learned Circle Officer, Sheosagar, Rohtas at Sasaram by which he has been directed the petitioner to demolish his house till 18.01.2019.

The petitioner is aggrieved vide Annexure-2 to the present application, which has been issued by the Respondent No.3. The said order is said to be final order passed under

Patna High Court CWJC No.1190 of 2019(2) dt.17-01-2019 2/2 Section 6 of the Bihar Public Land Encroachment Act. Considering the facts and circumstances of the case, the petitioner is directed to prefer an appeal before the Appellate Authority under Section 11 of the Bihar Public Land Encroachment Act within a period of 30 days from today. The appellate authority, after hearing the concerned parties, shall pass an appropriate order in accordance with law within a period of three months from the date of filing of such appeal. Till the pendency of the said appeal, status quo shall be maintained.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U