Jugesh Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2916 of 2016 ======================================================

1. Jugesh Kumar Son of Mahendra Mahto Resident of village - Pachmahala, Police Station - Khijarsarai, District - Gaya

2. Meghan Sao Son of Late Raghubir Sao Resident of village - Khijarsarai, Police Station - Khijarsarai, District - Gaya

3. Basanti Devi Wife of Sohrai Sao Resident of village - Khijarsarai, Police Station - Khijarsarai, District - Gaya

4. Raju Ram Son of Late Sachindra Ram Resident of village - Khijarsarai, Police Station - Khijarsarai, District - Gaya

5. Ravindra Vishwakarma Son of Rajendra Vishwakarma Resident of village - Baijnathpur, Police Station - Khijarsarai, District - Gaya

6. Rajendra Vishwakarma Son of Keshar Vishwakarma Resident of village - Baijnathpur, Police Station - Khijarsarai, District - Gaya

7. Ravindra Kumar Son of Late Gyani Yadav Resident of village - Jagdishpur, Police Station - Khijarsarai, District - Gaya

8. Panchu Thakur Son of Late Lala Thakur Resident of village - Saidpur, Police Station - Khijarsarai, District - Gaya .... .... Petitioners

Versus

1. The State of Bihar

2. The District Magistrate, Gaya

3. The Circle officer, Khijarsarai, District - Gaya

4. Raj Kishore Prasad Son of Sri Krishna Sao Resident of village - Baijnathpur, Police Station - Khijarsarai, District - Gaya

5. Upendra Sao Son of Late Tulshi Sao Resident of village - Baijnathpur, Police Station - Khijarsarai, District - Gaya

6. Madhusudan Prasad Son of Late Mewa Ram R/o Mohalla - Mir Abu Saleh, Road Town Gaya, P.S. Kotwali, District - Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Bindhyachal Singh, Mr. Umesh Kumar, Advocates For the State : Mr. Anuj Kumar, A.C. to S.C. 7 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners and the State.

This application has been filed by the petitioners

Patna High Court CWJC No.2916 of 2016 (2) dt.11-02-2016 2/2 without availing the provision of statutory appeal and, as such, the same is being disposed of with a liberty to the petitioners to avail the statutory appeal available to them under Section 11 of the Bihar Public Land Encroachment Act, 1956. If such appeal is preferred within four weeks then let the same be heard and decided on its own merit and in accordance with law. Let no coercive action be taken for removal of encroachment in view of the impugned order for further period of six weeks.

In the meantime, the petitioners would be at liberty to approach the appellate authority itself for grant of interim relief, if they so desire.

(Dr. Ravi Ranjan, J) Sanjay-II/- U