Birju Yadav @ Viraj Yadav And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2557 of 2019 ====================================================== 1.

Birju Yadav @ Viraj yadav and Anr S/o Late Kharag Gope @ Kharg Yadav @ Harak Yadav Resident of Village- Pateya, Anchal and P.S.- Fatehpur, District- Gaya 2.

Naresh Yadav S/o Late Jodhi Yadav Resident of Village- Pateya, Anchal and P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 3.

The Collector-cum-District Magistrate, Gaya 4.

The Land Reforms Deputy Collector, Gaya 5.

The Sub Divisional Magistrate, Gaya 6.

The Superintendent of Police, Gaya 7.

The Circle Officer, Fatehpur, Gaya 8.

Officer-in-Charge, Fatehpur Police Station, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Respondent/s :

Mr.Rishi Raj Sinha (Sc 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2022 Though, the present writ petition has been filed for quashing the encroachment proceedings initiated vide Encroachment Case No. 13 of 2018-19 by the Circle Officer, Fatehpur, however, the learned counsel for the petitioners has confined his relief to the extent of liberty being granted to the petitioners to file reply to the show cause notice before the Circle Officer, Fatehpur and in the meantime it is prayed that some protection be granted to the petitioners.

Patna High Court CWJC No.2557 of 2019(3) dt.11-07-2022 2/2 Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file reply to the show cause notice within a period of four weeks from today, in the ongoing Encroachment Case No. 13 of 2018-19, in case the proceedings of the same have not already been concluded, whereafter the Circle Officer, Fatehpur shall consider the same and after hearing the effected party shall pass appropriate order in accordance with law u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks thereafter.

It is needless to state that for a period of eight weeks from today, status quo existing as on today shall be maintained. (Mohit Kumar Shah, J) Tiwary/- U