Shyamlal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17158 of 2021 ====================================================== Shyamlal Ram Son of Late Meghraj Ram, Resident of Village- Jai Shree, P.O.- Karakat, P.S.- Karakat, District - Rohtas. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Rohtas at Sasaram.

3.

The Sub-Divisional Magistrate, Bikramganj, District - Rohtas. 4.

The Deputy Collector, Land Reforms, Bikramganj, District- Rohtas. 5.

The Circle Officer, Karakat, District - Rohtas. 6.

Pappu Sah, Son of Shambhu Sah, resident of Village - Jai Shree, P.O. and P.S.- Karakat, District - Rohtas.

7.

Shrawan Ram, Son of Late Meghraj Ram, resident of Village - Jai Shree, P.O. and P.S.- Karakat, District - Rohtas.

8.

Sri Niwas Ram, Son of Late Ram Bachan Ram, resident of Village - Jai Shree, P.O. and P.S.- Karakat, District - Rohtas. 9.

Sunil Ram, Son of Late Ram Bachan Ram, resident of Village - Jai Shree, P.O. and P.S.- Karakat, District - Rohtas.

10.

Munil Kumar, Son of Late Ram Bachan Ram, resident of Village - Jai Shree, P.O. and P.S.- Karakat, District - Rohtas.

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Ebadur Rahman Shakeb, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2022 Though the present writ petition has been filed for quashing the notice dated 16.8.2021, issued by the Respondent No. 5 i.e. the Circle Officer, Karakat, District-Rohtas in connection with Encroachment Case No. 1/2021-2022, however, the learned counsel for the petitioner has limited his prayer to grant of liberty to the

Patna High Court CWJC No.17158 of 2021(2) dt.10-08-2022 2/2 petitioner to approach the Respondent No. 5 by filing appropriate objection, nonetheless he seeks some protection during the interregnum period. Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate objection before the Respondent No. 5 in the aforesaid Encroachment Case No. 1/2021-2022 and in case, such an objection is filed within a period of four weeks from today, the Respondent No. 5 shall pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 within a period of twelve weeks, thereafter.

It is needless to state that for a period of sixteen weeks from today, status quo, existing as on today qua the land of the petitioner in question, shall be maintained.

(Mohit Kumar Shah, J) Ajay/- U