Chandrika Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1595 of 2024 ====================================================== 1.

Chandrika Kushwaha S/O-Late Vilash Mahto, Resident of VillageChintamanpur, Khash Tola, P.S.-Pipra, District-East Champaran. 2.

Santosh Prasad, S/O-Ramrup Bhagat, Resident of Village-Chintamanpur, Khash Tola, P.S.-Pipra, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Sub-Divisional Officer, Chakia, East Champaran, Motihari. 5.

The Circle Officer, Chakia, East Champaran, Motihari. 6.

Omprakash Kumar, S/O-Punit Prasad @ Punit Mahto, Resident of VillageChintamanpur, P.S.-Pipra, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritesh Kumar, Adv.

For the State :

Mr. S.D. Yadav, AAG-9 Mr. Dinesh Maharaj, (AC to AAG-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ application has been filed for setting aside the Memo No. 87 dated 18.01.2024 issued under the signature of the Circle Officer, Chakia, West Champaran.

3. Pursuant to the order passed yesterday, the original records have been produced by the State.

4. The In-Charge, Circle Officer, Chakia, East Champaran at Motihari has also appeared with the records of the case.

Patna High Court CWJC No. 1595 of 2024(3) dt.30-01-2024 2/2

5. Learned counsel for the State submits that on 04.07.2023, final order was passed against the petitioners saying that the petitioners could not produce the original documents.

6. Considering the submissions of the parties, I am of the opinion that the final order can be challenged in appeal before the District Magistrate, East Champaran at Motihari.

7. In such circumstances, the present writ application is disposed of with liberty to the petitioners to file an appeal within 30 days from today.

8. The petitioners have already applied for the certified copy of the final order dated 04.07.2023 which shall be supplied to them at the earliest within few days. Thereafter, the appeal shall be filed by them along with the stay petition and the District Magistrate, East Champaran at Motihari will consider the stay petition and the appeal in accordance with law. For the next 30 days, the status quo on the land in question shall be maintained.

9. With the aforesaid observations, this application is disposed of.

10. The original records are returned.

(Sandeep Kumar, J.) sadique/- U