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Patna High CourtCWJC/5512/2021disposed

Mahanand Mukhiya, v. The State Of Bihar Through Chief Secretary,

2024-12-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5512 of 2021 ====================================================== Mahanand Mukhiya, S/o Faudar Mukhiya, R/o Village-Jiwachhpur, CircleChhatapur, PS-Bhimpur and Distt-Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar.

2.

Mahendra Kumar, The District Magistrate/Collector, Supaul. 3.

Mukesh Kumar Sinha, The Deputy Collector, Supaul. 4.

Manoj Kumar, The Superintendent of Police, Supaul. 5.

Zaid Azhar, The Sub- Divisional Officer, Triveniganj, Supaul. 6.

Sumit Kumar Singh, The Circle Officer, Chhatapur, Supaul. 7.

Sunita Devi, The Mukhiya, Gram Panchayat Jiwachhpur, Supaul. 8.

Subodh Kumar Yadav, The Station House Officer Bhimpur Police Station, Supaul.

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

For the Petitioner/s :

Mr.Sanjeev Verma, Adv.

For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2024 Though the present writ petition has been filed for restoring the land, appertaining to Khata No. 361, Khesra No. 1663, ad-measuring 50 decimal, situated at village- Jiwachhpur, PS-Bhimpur, Circle-Chhatapur, and District-Supaul, however, at the outset, the learned counsel for he Respondent-State has submitted, by referring to the counter affidavit filed in the present case that a Mutation Cancellation Case No. 189 of 2022 has been initiated by the Additional Collector, Supaul, hence, the petitioner can approach the Additional Collector, Supaul and

Patna High Court CWJC No.5512 of 2021(4) dt.18-12-2024 2/2 defend himself.

2.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Court of Additional Collector, Supaul, in the aforesaid Mutation Cancellation Case No. 189 of 2022 and defend himself, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

3.

It is needless to state that till the time, the mutation entry, existing in favour of the petitioner, is cancelled, status quo, existing as on today qua the land / house of the petitioner in question, shall be maintained.

4.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U