Lal Bahadur Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8674 of 2024 ====================================================== 1.

Lal Bahadur Ram son of Late Kailash Ram, resident of Village-Kharkatawa Murli, P.S.-Sikarpur, Anchal-Narkatiyaganj, Distt.-West Champaran at Bettiah.

2.

Mahatma Ram, son of Late Kailash Ram, resident of Village-Kharkatawa Murli, P.S.-Sikarpur, Anchal-Narkatiyaganj, Distt.-West Champaran at Bettiah.

3.

Sahadar Ram @ Sahadur Ram, son of Late Kailash Ram, resident of VillageKharkatawa Murli, P.S.-Sikarpur, Anchal-Narkatiyaganj, Distt.-West Champaran at Bettiah.

4.

Rampat Ram @ Ramprit Ram, son of Late Kailash Ram, resident of VillageKharkatawa Murli, P.S.-Sikarpur, Anchal-Narkatiyaganj, Distt.-West Champaran at Bettiah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, West Champaran at Bettiah.

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Sub Divisional Officer, Narkatiyaganj, District-West Champaran at Bettiah.

4.

The Circle Officer, Narkatiyaganj, District-West Champaran at Bettiah. 5.

The Officer in Charge, Sikarpur Police Station, District-West Champaran at Bettiah.

6.

The Anchal Ameen, Narkatiyaganj Anchal, P.S.-Sikarpur, Distt.-West Champaran.

7.

Ashok Kumar Sharma, S/o Paras Sharma, resident of Village-Narkatiyaganj, P.O.-Murli, P.S.-Sikarpur, Distt.-West Champaran at Betiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prabhat, Adv.

For the State :

Dr.Md.Raisul Haque, SC-10 For the Respondent/s :

Mr.Vikas Ratan Bharti, Adv.

Mr.Kumar Abhishek, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.That this writ application is being filed on

Patna High Court CWJC No.8674 of 2024(2) dt.22-07-2024 2/3 behalf of the petitioners above named for issuance of a writ in the nature of Mandamus, directing and commanding to the respondent's authorities to compensate the loss of the petitioners due to demolition of their residential houses over which the petitioners and their ancestors were residing with their family since about 200 years and also direct the respondents authority not to disturb the petitioners of his peaceful possession of the land over which the petitioners are residing anyhow with their family like nomad after demolition of their houses by the respondents authority."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 21.01.2022, passed by the Circle Officer, Narkatiyaganj, District-West Champaran at Bettiah, in connection with Encroachment Case No.1 of 2021-22, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment 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 six weeks from today, status quo, existing as on today qua the land/houses of the petitioners in question, shall be maintained, in order to enable the petitioners to file appropriate appeal and seek interim

Patna High Court CWJC No.8674 of 2024(2) dt.22-07-2024 3/3 relief.

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

(Mohit Kumar Shah, J) sonal/- U