Shyamanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2133 of 2024 ====================================================== Shyamanand Jha Son of Bindeshwari Jha Resident of Village and P.O.- Saguna, Circle and P.S.-Rajnagar, Distirct-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Home, Government of Bihar, Patna.

2.

The Additional Chief Secreary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Director General of Police, Bihar,Patna.

4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate-cum-Collector, Madhubani. 6.

The Superintendent of Police, Madhubani.

7.

The District Panchayat Raj Officer, Madhubani. 8.

The Sub-Divisional Officer, Sadar, District-Madhubani. 9.

The Deputy Collector, Land Reforms (D.C.L.R.), Madhubani. 10.

The Circle Officer, Rajnagar, District-Madhubani. 11.

The Station House Officer, Rajnagar Police Station, Distirct-Madhubani. 12.

Shambhu Nath Thakur Son of Shobhit Thakur Resident of Village and P.O.- Sugama, Anchal and P.S.-Rajnagar, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate Mr. Kaushal Kumar, Advocate Mr. Rajesh Ranjan, Advocate Mr. Ravi Ranjan Mallick, Advocate For the Respondent/s :

Standing Counsel 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2024 Although the present writ petition has been filed for quashing the notice dated 11.10.2023, issued by the Circle Officer, Rajnagar, District-Madhubani i.e. the respondent no. 10, in connection with Encroachment Case No. 23 of

Patna High Court CWJC No.2133 of 2024(3) dt.18-11-2024 2/3 2023-24, however, at the outset, the learned counsel for the respondent-State has referred to the counter affidavit filed in the present case to submit that the Circle Officer, Rajnagar, DistrictMadhubani has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), on 31.10.2023 in connection with Encroachment Case No. 23 of 2023-24, hence in case the petitioner is so aggrieved, he may file appropriate appeal under Section 11 of the Act, 1956.

2.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 31.10.2023, by filing appropriate appeal, however, seeks some protection during the interregnum period. Liberty, so sought is granted.

3. It is needless to state that for a period of four weeks from today, status quo, existing as on today, qua the land/house of the petitioner in question shall be maintained in order to enable the

Patna High Court CWJC No.2133 of 2024(3) dt.18-11-2024 3/3 petitioner to file appropriate appeal and seek interim relief.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U