Smt. Shakuntla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10021 of 2023 ====================================================== 1.
Smt. Shakuntla Devi Wife of Late Gopal Prasad Resident of Tehta East, P.S.- Makhudumpur, District- Jehanabad, at present Sakuntla Devi, Wife of Late Gopal Prasad, resident of Saren, Tehta, Jehanabad (Bihar). 2.
Sanjay Kumar, Son of Late Madan Lal Gupta Resident of Tehta, P.S.- Makhdumpur, District- Jehanabad, at present Sanjay Kumar, Son of Late Madan Lal Gupta, resident of infront of Railway Station, Tehta, Jehanabad (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Land and Revenue Reforms, Bihar, Patna.
2.
The Collector-cum- District Magistrate, Jehanabad. 3.
The Additional Collector, Jehanabad.
4.
The Sub- Divisional Officer, Jehanabad.
5.
The Deputy Collector Land Reforms, Jehanabad. 6.
The Circle Officer, Makhdumpur, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Respondent/s :
Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.
The learned counsel for the respondent- State, by referring to the affidavit filed by the District Magistrate, Jehanabad, submits that the Circle Officer, Makhdumpur, District- Jehanabad has already passed the final order dated 20.06.2023, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment case no. 18 of 2019-20, which has been annexed to the said affidavit, filed by the respondent State.
Patna High Court CWJC No.10021 of 2023(3) dt.04-09-2023 2/2 2.
In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 20.06.2023, 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/ house of the petitioner in question, shall be maintained in order to enable the petitioner to file appropriate appeal along with a petition for grant of interim relief.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) rinkee/- U