Jogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6977 of 2021 ====================================================== 1.

Jogendra Rai son of late Kunj Bihari Rai, resident of Village/PostKanhaipur, Bramha Asthan, P.S.-Mokama, District-Patna. 2.

Rajendra Rai, son of late Kunj Bihari Rai, resident of Village/PostKanhaipur, Bramha Asthan, P.S.-Mokama, District-Patna. 3.

Mahendra Rai, son of late Kunj Bihari Rai, resident of Village/PostKanhaipur, Bramha Asthan, P.S.-Mokama, District-Patna. 4.

Ramanuj Rai, son of late Indradeo Rai, resident of Village/Post-Kanhaipur, Bramha Asthan, P.S.-Mokama, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary (Home), Bihar, Patna. 2.

The District Magistrate-cum-Collector, Patna. 3.

The Sub Divisional Magistrate, Barh, District-Patna. 4.

The Circle Officer, Mokama, District-Patna.

5.

Smt. Ram Pyari Devi, wife of Sri Balmiki Prasad Singh, resident of VillageTola Gangaprasad, Post-Kanhaipur, P.S.-Mokama, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sidhendra Narayan Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC 19 :

Mr. B.P. Singh, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-09-2022 Though the present writ petition has been filed for quashing the Encroachment case no. 05 of 2018-19 and Measurement case no. 14 of 2019-20, initiated by the Circle Officer, Mokama, Patna, however, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appropriate objections/ show cause replies to the said notices issued to the petitioners in the aforesaid Encroachment case no. 05 of 2018-19 and Measurement case no. 14 of 2019-20 and

Patna High Court CWJC No.6977 of 2021(2) dt.14-09-2022 2/2 during the interregnum period i.e. till the passing of the final orders by the Circle Officer, Mokama, Patna, seeks some protection.

Having regard to the facts and circumstances of the case, the petitioners are granted liberty to file their objections/ show cause replies to the notices issued in the aforesaid Encroachment case no. 05 of 2018-19 and Measurement case no. 14 of 2019-20, before the Circle Officer, Mokama, Patna, within a period of four weeks from today, which shall be considered by the said Circle officer, in accordance with law and final orders thereon, shall be passed within a period of twelve weeks, thereafter. It is needless to state that till the passing of the final orders in the aforesaid case by the Circle Officer, Mokama, Patna, status quo existing as on today, shall be maintained.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U