Sant Gond @ Basant Gond @ Sant Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3257 of 2016 ====================================================== Sant Gond @ Basant Gond @ Sant Sah S/o Late Kailash Gond, resident of Village- Chamarpatti, P.S.- Fulwaria, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Secretary, Revenue Department, Government of Bihar, Patna. 3.

The Dy. Secretary, Revenue Department, Government of Bihar, Patna. 4.

The Collector, Gopalganj.

5.

The Sub-Divisional Officer, Gopalganj.

6.

The Circle Officer, Fulwaria, Gopalganj.

7.

The Anchal Amin, Fulwaria Anchal, Gopalganj.

8.

Mantosh Kumar Dixit, S/o Vidyasagar Dixit, R/o Village- Chamarpatti, P.S.- Fulwaria, District- Gopalganj.

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

For the Petitioner/s :

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

Mr.Ranjeet Kumar, Advocate Mr.Kanishka Kaustubh, Advocate Mr.Shikhar Mani, Advocate Ms.Lakshmi Kumari, Advocate Mr.Rajnish Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(A) For issuance of a writ in the nature of certiorari for quashing of the order as contained under Memo No. 95 dated 09.02.2016 issued under the signature of the respondent Circle Officer, Fulwaria of districtGopalganj which is in complete disregard of the Order dated 09.11.2015 passed in C.W.J.C.

Patna High Court CWJC No.3257 of 2016(5) dt.19-09-2024 2/3 No. 4169 of 2015. by the Hon'ble Court as well as against the provision of Bihar Encroachment Act.

(B) For issuance of a writ in the nature of Mandamus to the respondent(s) to give effect to the Government policy issued by the respondent no.2 as contained under Letter No. 05/ अतत०(तनतत) 1011/80-11655 रा०तव०dated 14.04.1978 in view of the facts of the case.

(C) For issuance of a writ in the nature of Mandamus to the respondent (s) not to disturb petitioner's possession over the land in issue pertaining to Khata no.116 Plot no. 178 area 1 bigha, 17 Katha and 19 dhurs (hereinafter referred to as the land in issue) till pendency of the writ application."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 09.02.2016, passed by the Circle Officer, Fulwaria, District-Gopalganj, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, however, seeks some protection during the interregnum period.

3. It is needless to state that for a period of four 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 and seek interim

Patna High Court CWJC No.3257 of 2016(5) dt.19-09-2024 3/3 relief.

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

(Mohit Kumar Shah, J) Saurav/- U