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Patna High CourtCWJC/7257/2024disposed

Sudhesh Kumar Singh v. The State Of Bihar

2024-09-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7257 of 2024 ====================================================== 1.

Sudhesh Kumar Singh Son of Hari Prasad Singh Resident of Village and P.O- Harpur Bochaha, Ward No. 4, P.S- Vidyapati Nagar, DistrictSamastipur. 2.

Satya Prakash Singh Son of Hari Prasad Singh Resident of Village and P.OHarpur Bochaha, Ward No. 4, P.S- Vidyapati Nagar, District- Samastipur. 3.

Mukesh Kumar Singh Son of Hari Prasad Singh Resident of Village and P.O- Harpur Bochaha, Ward No. 4, P.S- Vidyapati Nagar, DistrictSamastipur. 4.

Manoj Kumar Singh Son of Hari Prasad Singh Resident of Village and P.OHarpur Bochaha, Ward No. 4, P.S- Vidyapati Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Samastipur.

4.

The Circle Officer, Vidyapati Nagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Government Advocate 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2024 Though the present writ petition has been filed for setting aside the order dated 30.01.2024, passed by the Circle Officer, Vidyapati Nagar, District-Samastipur, in Encroachment Case No.09 of 2023-2024, however, realizing the fact that the same is required to be challenged by way of filing appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, the learned counsel for the petitioners seeks liberty on behalf of

Patna High Court CWJC No.7257 of 2024(2) dt.30-09-2024 2/2 the petitioners to challenge the aforesaid order dated 30.01.2024, passed by the Circle Officer, Vidyapati Nagar, District-Samastipur, in Encroachment Case No.09 of 20232024, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, however, seeks some protection during the interregnum period. Liberty so sought is granted.

2. It is needless to state that for a period of six weeks from today, status quo, existing as on today, qua the land/house of the petitioners in question, shall be maintained so as to enable the petitioners to file appropriate appeal and seek interim relief.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U