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Patna High CourtCWJC/6012/2022disposed

Mohammad Ajajul Haq v. The State Of Bihar

2022-07-07Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6012 of 2022 ====================================================== 1.

Mohammad Ajajul Haq Son of Mohammad Hadish, Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 2.

Nurul Hoda @ Bigu Son of Abdul Rahman Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 3.

Md. Sherajul Haque Son of Md. Hadish Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 4.

Isha Mohammad Son o f Abul Sattar Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 5.

Md. Tabarak Son of Md. Hadish Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 6.

Monazir Son of Jaki Ahmad Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 7.

Safique Mansuri Son of Satayat Mansuri Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 8.

Sheikh Umaish Son of Addul Sattar, Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 9.

Iftkhar Son of Abdul Rahman Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 10.

Md. Mansoor Alam Son of Mobark Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 11.

Jafrulla Mian Son of Langtu Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 12.

Samaruddin 45 Son of Gani Mohammad Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 13.

Jafre Alam Son of Aash Mohammad Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 14.

Samsul Haque Son of Late Sheikh Manir, Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 15.

Jaida Khatoon Wife of Late Shakirullah Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. 16.

Sarwar Alam Son of Md. Kamrul Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secrerary, Government of Bihar, Patna. 2.

The Principal Secreary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Tirhut Division, Muzafarpur. 4.

The District Magistrate, East Champaran at Motihari,

Patna High Court CWJC No.6012 of 2022(2) dt.07-07-2022 2/3 5.

The Sub-Divisional Officer, Sikrahana, 6.

The Circle Officer, Ghorasahan, District-East Champaran at Motihari. 7.

Md. Azad Son of Md. Shoaib, Resident of Village and P.O. Bijayi, P.S. Ghorasahan, District-East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar, Adv.

For the Respondent/s :

Mr.Birendra Prasad Singh, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2022 Though the present writ petition has been filed seeking to challenge the order dated 14.2.2017, passed in Encroachment Case No. 5/2016-17, by the Circle Officer, Ghorasahan, District-East Champaran at Motihari, however, the learned counsel for the petitioners has limited their prayer to grant of liberty to the petitioners to file appropriate appeal.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file appeal against the aforesaid order dated 14.2.2017 and in case, such an appeal is filed within a period of four weeks from today, the appellate authority shall not be impeded by the issue of limitation and shall pass appropriate orders on merit and in accordance with law.

Patna High Court CWJC No.6012 of 2022(2) dt.07-07-2022 3/3 It is needless to state that for a period of four weeks from today, status quo, existing as on today, shall be maintained.

At this juncture, the learned counsel for the petitioners submits that liberty be also granted to move the appellate authority for grant of interim orders. Liberty, so sought, is granted.

(Mohit Kumar Shah, J) Ajay/- U