Radheshyam Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10377 of 2022 ====================================================== Radheshyam Mukhiya S/o Late Ghansyam Mukhiya @ Late Shital Mukhiya, Resident of Village-Chandraul, P.S.-Yogapatti (Nawalpur O.P.), Distt.-West Champaran.

... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, West Champaran at Bettiah. 3.

The Sub-Divisional Officer, Bettiah Sadar, Bettiah, Dist.-West Champaran. 4.

The Circle Officer, Yogapatti Block, Yogapatti, District-West Champaran. 5.

The Circle Inspector, Yogapatti Block, Yogapatti, District-West Champaran. 6.

The Anchal Amin, Yogapatti Block, Yogapatti, District-West Champaran. 7.

The Officer-in-Charge, Yogapatti (Nawalpur O.P.), Police Station, Nawalpur, District-West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2023 The learned counsel for the respondent- State seeks to file a counter affidavit, which is taken on record. The learned counsel for the respondent- State has submitted by referring to paragraph no. 6 of the counter affidavit filed today that the Circle officer, Yogapatti Block, District- West Champaran has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 20.04.2022, which is annexed at page no. 12 of the counter affidavit.

Patna High Court CWJC No.10377 of 2022(3) dt.05-05-2023 2/2 In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order, passed by the Circle officer, Yogapatti Block, Yogapatti under Section 6(1) of the Bihar Public Land Encroachment Act, in connection with Encroachment case no. 10 of 2021-22, by filing appropriate appeal. Liberty so sought, is granted.

It is needless to state that in case, appropriate appeal is filed within a period of two weeks from today, status quo existing as on today qua the land/ house of the petitioner in question, shall be maintained, till the final disposal of the appeal to be filed by the petitioner.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U