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Patna High CourtCWJC/9877/2023disposed

Chitranjan @ Chitranjan Kumar v. The State Of Bihar

2023-10-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9877 of 2023 ====================================================== Chitranjan @ Chitranjan Kumar Son of Late Rajnandan Sharma @ Rajnandan Singh, Resident of Village- Utimpur Hulasganj, Police Station-Hulasganj, District- Jahanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Dept. Govt. of Bihar, Patna.

2.

The District Magistrate, Jahanabad, Bihar.

3.

The District Land Reform Officer, Jahanabad.

4.

The Circle Officer, Hulasganj, District Jahanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shrinath Manjhi For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2023 Though the petitioner has challenged the final order dated 30.7.2022, passed by the Circle Officer, Hulasganj, District-Jehanabad, in connection with Encroachment Case No. 1 of 2022-23, holding the petitioner to be an encroacher, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the same, by filing an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, nonetheless, seeks some protection during the interregnum period.

2.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate appeal and in case, such an appeal is filed within a

Patna High Court CWJC No.9877 of 2023(2) dt.03-10-2023 2/2 period of four weeks from today, the same shall be considered by the appellate authority on merits and disposed off, by passing a reasoned and a speaking order, in accordance with law, forthwith.

3.

In order to enable the petitioner to file appeal and obtain interim orders, I deem it fit and proper to direct the authorities to maintain status quo, existing as on today qua the land / house of the petitioner in question, for a period of four weeks from today.

4.

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

(Mohit Kumar Shah, J) Ajay/- U