Chhotelal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2160 of 2022 ====================================================== 1.

Chhotelal Singh Son of Late Bodhan Mandal Resident of Village- Khajuria (Mahagama) P.S. Dharhara, District- Munger.

2.

Dilip Kumar Singh Son of Late Ram Bhajju Singh Resident of VillageKhajuria (Mahagama) P.S.- Dharhara, District- Munger. ... ... Petitioner/s

Versus

1.

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

The Commissioner, Munger.

3.

The District Magistrate-cum-Collector, Munger. 4.

The Additional District Magistrate, (Revenue and Reforms Officer), Munger. 5.

The Deputy Collector, Land Reforms, Munger.

6.

The Sub-Divisional Officer, Munger.

7.

The Circle Officer-cum-Collector, under the Public Land Reforms Act, Dharhara, Munger.

8.

The Officer-in-Charge, Dharhara Police Station, P.O. Dharhara, DistrictMunger. 9.

The Halka Karamchari, Gram Panchayat Raj, Mahgama P.S. Dharhara, District- Munger.

10.

The Officer-in-Charge, Laraiyatandr, Police Station, P.O. Ghatwari (Mahgama), District- Munger.

11.

The Anchal Amin Concerning Gram Panchayat Raj, Mahgama, P.S. Dharhara, District- Munger.

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (Sc 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2022 The present writ petition has been filed by the petitioners challenging the notice dated 19.07.2021, issued by the Circle Officer, Dharhara, Munger under Section 3 of the Bihar Public Land Encroachment Act, 1956.

Patna High Court CWJC No.2160 of 2022(2) dt.18-11-2022 2/3 The learned counsel for the petitioners has submitted that the petitioners are residing at the plot in question since the year 1930 and they are having valid right, title and interest over the plots/land in question, nonetheless, it is submitted that the petitioners would be approaching the Circle Officer, Dharhara, Munger i.e. the respondent no. 7 by filing their objections, within a period of 4 weeks from today, however, they be granted some protection during the interregnum period. The learned counsel for the respondent State submits that in case the petitioners file their objections, within a period of 4 weeks, in the ongoing encroachment case, before the respondent no. 7, the respondent no. 7 shall definitely consider the same and pass a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioners to file their objections/reply before the respondent no. 7 and in case such objections are filed, within a period of 4 weeks from today, the respondent no. 7 shall consider the same and pass appropriate orders, in accordance with law, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 and till then status quo

Patna High Court CWJC No.2160 of 2022(2) dt.18-11-2022 3/3 existing as on today qua the land/house of the petitioners in question shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U