← Library
Patna High CourtCWJC/4229/2023disposed

Jai Prakash Sah v. The State Of Bihar

2023-05-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4229 of 2023 ====================================================== 1.

Jai Prakash Sah S/o Basudev Sah Resident of Village- Parsauna, PostParsauna, P.S.- Dariyapur, District- Saran. 2.

Saroj Sah, S/o Bhushan Sah Resident of Village- Parsauna, Post- Parsauna, P.S.- Dariyapur, District- Saran.

3.

Ajay Sah @ Ajay Kumar Sah, S/o Om Prakash Sah Resident of VillageParsauna, Post- Parsauna, P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The District Magistrate, Saran at Chapra.

3.

The Circle Officer, Parsa, District Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The learned counsel for the Respondent-State seeks to file a counter affidavit, which is taken on record. The learned counsel for the Respondent-State has produced the final order, passed by the Circle Officer, Parsa, dated 26.6.2020, in connection with Encroachment Case No. 17 of 2018-19, a copy whereof has also been handed over to the learned counsel for the petitioners and the same is also taken on record.

At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the

Patna High Court CWJC No.4229 of 2023(3) dt.11-05-2023 2/2 aforesaid order dated 26.6.2020, passed by the Circle Officer, Parsa, by filing appropriate appeal. Liberty, so sought, is granted.

It is needless to state that in case, appropriate appeal is filed within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, forthwith and till then, status quo, existing as on today qua the land / houses of the petitioners in question, shall be maintained. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U