Sanjeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4491 of 2022 ====================================================== 1.

Sanjeev Kumar Singh Son of Late Ramnand Singh Resident of Purani ByePass, Bakhtiyarpur, District- Patna. 2.

Dina Nath Prasad Son of Radhey Mistri Resident of Purani Bye- Pass, Bakhtiyarpur, District- Patna.

... ... 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 Collector, Patna.

4.

The Addl. Collector, Patna.

5.

The Circle Officer, Bakhtiyarpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2022 Though the present petition was filed for quashing the notice dated 07.03.2022, issued under Section 6(2) of Bihar Public Land Encroachment Act, 1956, but during the interregnum period, the Circle Officer concerned has passed the final order dated 03.03.2022, which is apparent from paragraph no. 5 of the counter affidavit filed by the respondent- State. At this juncture, the learned counsel for the petitioners seeks to challenge the said order dated 03.03.2022, passed by the Circle Officer, Bakhtiyarpur by filing appropriate appeal before the learned Collector, Patna, however submits that the

Patna High Court CWJC No.4491 of 2022(3) dt.21-06-2022 2/2 said order dated 03.03.2022 has not been supplied to the petitioner.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with liberty to the petitioner to file appropriate appeal against the order dated 03.03.2022, passed by the Circle Officer, Bakhtiyarpur. At this juncture, the learned counsel for the respondent state has assured this Court that he would obtain a copy of the final order passed by the Circle Officer, Bakhtiyarpur, within a period of four days from today and hand it over to the learned counsel for the petitioner in order to enable him to file appropriate appeal.

It is needless to state that for a period of four weeks from today, status quo existing as on today, shall be maintained and the house of the petitioner, in dispute, shall not be demolished, if not already demolished in order to enable the petitioner to file an appeal and seek appropriate interim orders. The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U