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Patna High CourtCWJC/11127/2022disposed

Dayanand Yadav v. The State Of Bihar

2022-09-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11127 of 2022 ====================================================== 1.

Dayanand Yadav son of Thag Yadav resident of Machhaha (Urf Dubaha), Police Station- Bhitha, Sub- Division- Bagaha, District- West Champaran. 2.

Alauddin, son of Julum Miyan, resident of Machhaha (Urf Dubaha), Police Station- Bhitha, Sub- Division- Bagaha, District- West Champaran. 3.

Sharda Yadav, son of Nand Yadav @ Sundar Yadav, resident of Machhaha (Urf Dubaha), Police Station- Bhitha, Sub- Division- Bagaha, District- West Champaran.

4.

Bhikham Yadav, son of Sundar Yadav, resident of Machhaha (Urf Dubaha), Police Station- Bhitha, Sub- Division- Bagaha, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Revenue, Government of Bihar, Patna.

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Circle Officer, Bhitha, West Champaran.

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

For the Petitioner/s :

Mr.Abhitabh Kumar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2022 In pursuance to the earlier order of this Court dated 11.08.2022, the Respondent State has filed a counter affidavit wherein it has been stated that the final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 has already been passed by the Circle Officer, Bhitha, West Champaran, in Encroachment Case No. 3 of 2022-23.

At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioner to challenge the final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 by filing appropriate appeal.

Patna High Court CWJC No.11127 of 2022(3) dt.01-09-2022 2/2 Liberty so sought is granted.

It is needless to state that in case appropriate appeal is filed by the petitioners within a period of four weeks from today, status quo existing as on today shall be maintained till the disposal of the appeal to be filed by the petitioner herein. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Tiwary/- U