Ravindra Kumar Rajak @ Ravindra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4144 of 2024 ====================================================== Ravindra Kumar Rajak @ Ravindra Rajak Son of Kameshwar Rajak, Resident of Prabhat Colony, Ward No.-19, Purnea, P.S.- K. Hat, DistrictPurnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Purnea.

3.

The Sub-Divisional Magistrate Sadar, Purnea.

4.

The Anchal Adhikari, Purnea East, Purnea.

5.

Purnea Municipal Corporation, through the Municipal Commissioner, Purnea.

6.

The Municipal Commissioner, Purnea Municipal Corporation, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the State :

Mr. Mahendra Prasad Verma, AC to SC-20 For the Nagar Nigam, Purnea :

Mr. Prince Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2024 Though the present writ petition has been filed for quashing the notice dated 25.1.2024, issued by the Circle Officer, Purnea East, Purnea, i.e. the Respondent No. 4, in connection with Encroachment Case No. 6 of 2023-24, however, the learned counsel for the Respondent-State has, at the outset, pointed out that the Respondent No. 4 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 4.1.2024, hence, in case, the petitioner is so aggrieved he may challenge the same, by filing an appeal under

Patna High Court CWJC No.4144 of 2024(3) dt.16-12-2024 2/2 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 4.1.2024, by filing appropriate appeal under Section 11 of the Act, 1956, 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 him to file appropriate appeal and seek interim relief. 4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U