Ramvilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4265 of 2024 ====================================================== Ramvilash Yadav son of Billu Yadav, Resident of Village-Amba Bigha Kajur, P.S.-Atri, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector cum District Magistrate, Gaya.

3.

The Sub Divisional Officer, Nimchak Bathani, District-Gaya. 4.

The Deputy Collector Land Reforms, Nimchak Bathani, District-Gaya. 5.

The Circle Officer, Mohra Anchal, District-Gaya. 6.

The S.H.O. of Atri Police Station, District-Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr. KP Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 The present writ petition has been filed seeking the following relief:- "1 (i) For issuance of an appropriate writ for quashing the notice dated 22.01.2024 issued by Circle Officer, Mohra in Encroachment Case No. 08/2023-24, whereby the petitioner has been directed to remove the encroachment from Khata No. 1932, Khesra No. 11349 and 11218 of Mauza Kajur."

2.

At the outset, the learned counsel for the respondents has submitted, by referring to the counter affidavit filed in the present case, that the Circle Officer, Mohra, District-Gaya has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956

Patna High Court CWJC No.4265 of 2024(3) dt.21-06-2024 2/2 (hereinafter referred to as the 'Act, 1956'), on 22.01.2024 in connection with Encroachment Case No. 8 of 2023-24, hence in case the petitioner is aggrieved by the same, he may file appeal under section 11 of the Act, 1956.

3.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to assail the aforesaid order dated 22.01.2024, by filing appropriate appeal. Liberty, so sought, is granted.

4.

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 petitioner to file appropriate appeal and obtain interim orders.

5.

The writ petition stands disposed off on the aforesaid terms.

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