Dhananjay Kumar @ Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10364 of 2024 ====================================================== 1.

Dhananjay Kumar @ Dhananjay Singh Son of Late Kedar Nath Singh @ Kedar Singh, Resident of Village- Manjurahi, P.S.- Madanpur, DistrictAurangabad. 2.

Shakuntala Devi, Wife of Awdesh Kumar Singh, Resident of Village- Parsa, P.S.- Salaiya, District- Aurangabad.

3.

Sateyndra Singh, Son of Late Yadunandan Singh, Resident of VillageUmaga, P.S.- Madanpur, District- Aurangabad. ... ... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Aurangabad.

3.

The S.D.O. (Sub-Divisional Officer), District- Aurangabad, Aurangabad. 4.

The Circle Officer (C.O), Block- Madanpur, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Respondent/s :

Government Pleader 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-09-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is preferred on behalf of the above named petitioners for issuing appropriate writ/writs quashing the notice dated 26.06.2024 issued from the office of Circle Office, Madanpur U/s 6(2) of Bihar Public Land Encroachment Act, 1956, in Case No.

14/2012-13 issued in the name of petitioners No.1 and 3."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.10364 of 2024(4) dt.02-09-2024 2/3 petitioners seeks liberty on behalf of the petitioners to challenge the order dated 14.08.2024 passed in Dakhil Khariz Appeal No. 05 of 2014, by the learned Court of District Magistrate cum Collector, Aurangabad, by approaching the Bihar Land Tribunal, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

3. It is needless to state that for a period of four weeks' from today, status quo, existing as on today, qua the land/houses of the petitioners in question shall be maintained in order to enable them to approach the Bihar Land Tribunal.

4. A copy of the order dated 14.08.2024 has been produced before this Court, by the respondents and has also been handed over to the learned counsel for the petitioners. Let the same be kept on record.

5. At this juncture, the learned counsel for the petitioners prays that the photocopy of the aforesaid order dated 14.08.2024, supplied to the petitioners be permitted to be used for the

Patna High Court CWJC No.10364 of 2024(4) dt.02-09-2024 3/3 purposes of filing appropriate petition before the Bihar Land Tribunal. Permission, so sought, is granted.

6.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SuruchiU