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Patna High CourtCWJC/8152/2023disposed

Pradip Kumar Yadav @ Pradip Rai v. The State Of Bihar

2024-06-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8152 of 2023 ====================================================== 1.

Pradip Kumar Yadav @ Pradip Rai S/o Late Ram Kumar Rai Resident of Village-Chamanpura, P.S.-Baikunthpur, District-Gopalganj. 2.

Laxman Rai S/o Late Belash Rai Resident of Village-Chamanpura, P.S.- Baikunthpur, District-Gopalganj.

3.

Sanjay Kumar @ Sanjay Rai S/o Late Sakaldeo Rai Resident of VillageChamanpura, P.S.-Baikunthpur, District-Gopalganj. 4.

Jatadhari Rai S/o Late Belash Rai Resident of Village-Chamanpura, P.S.- Baikunthpur, District-Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum Collector, Gopalganj 3.

The Sub-Divisional Officer, Gopalganj, District-Gopalganj 4.

The Circle Officer, Baikunthpur, District-Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(a) For quashing of the notices dated 24.5.2022 issued against the petitioners by the Circle Officer, Baikunthpur, directing them to remove their houses from the land appertaining to Khata no.744, Plot no. 1947, situated in Village Chamanpura, Anchal-Baikunthpur, DistrictGopalganj otherwise the same would be demolish with the help of police force.

(b) For staying the operation of the notices issued

Patna High Court CWJC No.8152 of 2023(3) dt.21-06-2024 2/3 to the petitioners dated 24.5.2022 by the Circle Officer, Baikunthpur, District Gopalganj.

(c) For direction to the respondents to hear the petitioners in compliance with the order dated 4.7.1994 passed in CWJC No. 7847/1993 and to pass necessary order in accordance with law."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate-cum-Collector, Gopalganj, for redressal of their aforesaid grievances, however seeks some protection during the interregnum period.

3. Having regard to the limited prayer made by the petitioners in the present case, I deem it fit and proper to grant liberty to the petitioners to approach the District Magistratecum-Collector, Gopalganj, by filing appropriate representation, within a period of six weeks from today and in case such representation is filed by the petitioners, the District Magistratecum-Collector, Gopalganj, shall decide the same, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. During the interregnum period, i.e. for a period of 12 weeks from today, status quo existing as on today, qua the land/houses of the petitioners in question, shall be maintained.

Patna High Court CWJC No.8152 of 2023(3) dt.21-06-2024 3/3

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U