Ram Sagar Singh @ Raamsagar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10829 of 2023 ====================================================== 1.
Ramsagar Singh @ Raamsagar Singh Son of Late Ram Naresh Singh Resident of Village and Post- Bihari Bigha, P.s.-Pandarak, District-Patna. 2.
Niranjan Singh Son of Late Ramnandan Singh Resident of Village and PostBihari Bigha, P.S-Pandarak, District-Patna. 3.
Sachchidanand Singh Son of Late Lakhan Singh Resident of Village and Post- Bihari Bigha, P.s.-Pandarak, District-Patna. 4.
Ravindra Kuamr Singh @ Birendra Singh Son of Late Mahendra Singh Resident of Village and Post- Bihari Bigha, P.s.-Pandarak, District-Patna. 5.
Pawan Singh Son of Late Rajendra Singh Resident of Village and PostBihari Bigha, P.s.-Pandarak, District-Patna. 6.
Shlok Singh Son of Late Dular Singh Resident of Village and Post- Bihari Bigha, P.s.-Pandarak, District-Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
2.
The Additional Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The District Magistrate, Patna.
4.
The District Land Acquisition Officer, Patna. 5.
The Sub-Divisional Officer, Barh, Patna.
6.
The Circle officer, Pandarak District-Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh, Advocate For the Respondent/s :
Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-08-2023 1.
The present writ petition has been filed seeking the following relief:- "(i) For quashing the notice under section 3 of Bihar Public Land Encroachment Act 1956 in Encroachment Case No. 07/2020- 21 on several
Patna High Court CWJC No.10829 of 2023(2) dt.17-08-2023 2/3 dates in June 2022 along with Memo No. 1472 dated 21-06-23 in Encroachment Case No.
07/2020-21 issued under the signature of Circle Officer, Pandarak, Patna with regard to Mauza Bihari Bigha, Thana No.20, 1 Khata No. 230 Plot No. 174 Area Acre 1 Decimal issued under the signature of Circle Officer, Pandarak, Patna.
(ii) To stay the operation of the notice vide Memo No. 1472 dated 21-06-23 in Encroachment Case No. 07/2020-21 issued under the signature of Circle Officer, Pandarak, Patna during the pendency of this writ application."
2.
At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appropriate objections/reply to the notice issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Pandarak, District-Patna in connection with Encroachment Case No.07 of 2020-21, however, seeks some protection during the interregnum period.
3.
Having regard to limited prayer made by the petitioners in the present case, I deem it fit and proper to grant liberty to the petitioners to file appropriate objections/reply in the aforesaid pending encroachment proceedings before the
Patna High Court CWJC No.10829 of 2023(2) dt.17-08-2023 3/3 Circle Officer, Pandarak, District-Patna and in case such objections/reply are filed, within a period of two weeks from today, the Circle Officer, Pandarak, District-Patna shall consider the same on merits and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, within a period of six weeks, thereafter, and till then, status quo existing as on today qua the land/house of the petitioners in question shall be maintained.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) kanchan/- U