Chandeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9767 of 2020 ====================================================== Chandeshwar Kumar S/o Indrasan Sah R/o Village-Dhankhraia, Ward No. 15, P.o.- Ranjita, P.s.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna 2.

The Chief Secretary, Government of Bihar, Patna 3.

The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna 4.

The District Collector/Magistrate, East Champaran, Motihari 5.

The Additional Collector, East Champaran, Motihari 6.

The Deputy Collector Land Reforms, East Champaran, Motihari 7.

The Sub Divisional Officer, Areraj, East Champaran, Motihari 8.

The Circle Officer, Harsidhi, District- East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan, Advocate For the Respondent/s :

Mr.Dhurjati Kr. Prasad, G.P-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2022 Though, the present writ petition has been filed seeking to challenge the action of the respondent-authorities, whereby the house of the petitioner has been demolished and to grant adequate compensation to the petitioner, however, the respondents have filed a counter affidavit, wherein it has been stated that an encroachment case bearing Encroachment Case No. 18 of 2017-18 was initiated by the Circle Officer, Harsidhi, District-East Champaran, Motihari and after giving adequate notice, final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has been passed, which is annexed to

Patna High Court CWJC No.9767 of 2020(4) dt.15-12-2022 2/2 the counter affidavit, filed in the present case. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the final order passed by the respondent no.8, in connection with Encroachment Case No. 18 of 2017-18, by filing appropriate appeal as also seeks liberty on behalf of the petitioner to seek redressal of his grievance regarding payment of compensation for the illegal demolition of a part of his house, subject to the result of the appeal to be filed by the petitioner. 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, no further coercive action shall be taken against the petitioner, till the disposal of the same by the appellate authority. The present writ petition stands disposed off on the aforesaid terms.

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