Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16910 of 2021 ====================================================== 1.

Ajay Kumar Singh Son of Late Thakur Prasad Singh resident of VillageSajjanpur, P.S. Bahera, District- Darbhanga, Bihar. 2.

Kamal Kumar @ Nityanand Singh Son of Late Ganesh Singh Resident of Village- Sajjanpur, P.S. Bahera, District- Darbhanga, Bihar. Presently residing at- H. No. 293, Indirapuram Shakti Kand 1, I.E. Sahibabad, Ghaziabad, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Divisional Commissioner, Darbhanga.

3.

The District Magistrate, Darbhanga.

4.

The Deputy Collector Land Reform, Benipur, Darbhanga. 5.

Circle Officer, Benipur, Darbhanga.

6.

Radha Sharan Singh Son of Late Sudisht Narayan Singh Resident of VillageSajjanpur, P.S. Bahera, District- Darbhanga, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Kishore Roy ( GP-18 ) Mr. Mukul Prasad, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2022 Though the present writ petition has been filed seeking quashing of the order dated 31.10.2014 passed by the Collector-cum-District Magistrate, Darbhanga in Case No. 100 of 2012, whereby and whereunder the appeal filed by the petitioners against the order dated 10.02.2012/30.03.2012 passed by the Circle Officer, Benipur, District-Darbhanga, in connection with Encroachment Case No. 6 of 2010-11, has been dismissed, however, considering the fact that disputed questions

Patna High Court CWJC No.16910 of 2021(3) dt.01-12-2022 2/2 of facts are involved in the present case, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to seek redressal of their grievances before the learned Civil Court having competent jurisdiction, nonetheless, seeks some protection, in the meantime. Liberty so sought is granted. 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, shall be maintained, in order to enable the petitioners to approach the learned Civil Court having competent jurisdiction and seek interim orders/injunction. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U