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Patna High CourtCWJC/9905/2021disposed

Harishankar Yadav v. The State Of Bihar

2022-08-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9905 of 2021 ====================================================== Harishankar Yadav Son of Late Brfa Yadav resident of village Mirpur, P.S. Andhar, District Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary. 2.

The Collector, Siwan, District Siwan.

3.

The Land Reforms Deputy Collector, Siwan.

4.

Anchal Adhikari, Block - Raghunathpur, District- Siwan. 5.

Pushpendra Yadav Son of Sri Baleshwar Yadav Resident of VillageKusahra, P.S. - Andar, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms.Priyanka Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-08-2022 Though the present writ petition was filed for quashing the encroachment proceedings in question initiated by the Circle Officer, Raghunathpur, District-Siwan i.e. Encroachment Case No. 129 of 2019-20 but since the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed on 20.03.2021, as has been handed over by the learned counsel for the respondent-State, not only to the learned senior counsel for the petitioner but to this Court as well, which has been taken on record, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the said order dated 20.03.2019, passed by the

Patna High Court CWJC No.9905 of 2021(5) dt.18-08-2022 2/2 respondent no. 4, by filing appropriate appeal, however, seeks some protection, in the meantime.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to challenge the aforesaid order dated 20.03.2021 by filing appropriate appeal and in case such an appeal is filed within a period of four weeks from today, before the appellate authority, status quo existing as on today shall be maintained till the final disposal of the said appeal by the appellate authority.

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