Kishori Lal Sharraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10539 of 2024 ====================================================== Kishori Lal Sharraf S/o- Yugal Sah resident of Village- Ghorasahan, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Dy. Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector and District Magistrate, East Champaran. 4.

The Sub-Divisional Officer, Sikrahana (Dhaka), East Champaran 5.

The Sub-Divisional Public Grievance Redressal Officer, Sikrahana (Dhaka), East Champaran.

6.

The Circle Officer, Ghorasahan, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Kumar Pankay, AC to SC-5 For the intervenor/respondent: Mr. N. K. Agrawal, Sr. Advocate Mr. Nirmal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2024 Though the present writ petition has been filed for quashing the notice dated 15.04.2024, issued by the Circle Officer, Ghorasahan, in Encroachment Case No.01 of 2024-25, whereby and whereunder the petitioner has been directed to remove encroachment from the land, appertaining to Khata No.11, Khesra No.2323, situated at Mauza-Ghorasahan, Thana No.8, however, the learned counsel for the respondent-State has referred to the counter affidavit filed in the present case, to submit that the Circle Officer, Ghorasahan has passed the final

Patna High Court CWJC No.10539 of 2024(3) dt.30-09-2024 2/2 order on 29.06.2024, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.1 of 2024-25, hence in case the petitioner is so aggrieved, he may file appropriate appeal.

2. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order 29.06.2024, passed by the Circle Officer, Ghorasahan, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.1 of 2024-25, 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 so as to enable the petitioner to file appropriate appeal and seeks interim relief.. 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U