Manju Kumari @ Manju Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14488 of 2018 ====================================================== Manju Kumari @ Manju Sinha Wife of Ravindra Prasad Singh, Resident of Nalanda More, Nalanda, Police Station-Nalanda, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate, Nalanda.

3.

The District Land Acquisition Officer, Nalanda. 4.

The Additional Collector, Nalanda.

5.

The Sub-Divisional Officer, Rajgir, District-Nalanda. 6.

The Circle Officer, Silao. District-Nalanda.

7.

The Block Development Officer, Silao, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-10-2024

1. Though the present writ petition has been filed for quashing the notice dated 05.07.2018, issued by the Circle Officer, Silao, District-Nalanda, i.e. the respondent no.6, in connection with Encroachment Case No.1 of 2018-19, however, at the outset, the learned counsel for the respondents has submitted, by referring to the counter affidavit filed in the present case that the respondent no.6 has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act, 1956'), on 05.07.2018, hence in case the petitioner is so

Patna High Court CWJC No.14488 of 2018(4) dt.24-10-2024 2/2 aggrieved, she may file an appeal under Section 11 of the Act, 1956.

2. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 05.07.2018, passed by the Circle Officer, Silao, District-Nalanda, in connection with Encroachment Case No.1 of 2018-19, by filing appropriate appeal under Section 11 of the Act, 1956, however, seeks some protection during the interregnum period. Liberty so sought is granted.

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

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

(Mohit Kumar Shah, J) sonal/- U