Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10723 of 2024 ====================================================== 1.

Pankaj Kumar S/O Late Shivlal Saw R/O- Village-Tehta, P.S-Tehta, DistrictJehanabad. 2.

Manish Kumar S/O Late Dhruv Narayan Prasad R/O-Village-Tehta, P.STehta, District-Jehanabad. 3.

Durga Prasad S/O Late Sudama Saw R/O- Village-Tehta, P.S-Tehta, DistrictJehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar.

2.

The Collector, Jehanabad.

3.

The Circle Officer, Makhdumpur Anchal, P.S-Tehta, District- Jehanabad, Bihar.

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

For the Petitioner/s :

Mr.Jitendra Kumar George, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 At the outset, the learned counsel for the petitioners seeks permission to correct the description of Respondent No. 2. Permission, so sought, is granted. Needful be done during the course of the day.

2.

The present writ petition has been filed seeking the following reliefs:- "1. That this is an application for issuance of a writ of mandamus directing the Respondents No.2 and 3 not to disturb the petitioners from their peaceful possession over Plot No.3606 Mauza-Saren; Area .2 decimal of land of Khata No.1090 in light of the notice dt. 20.06.2023 till the disposal of encroachment appeal No.-

Patna High Court CWJC No.10723 of 2024(2) dt.01-08-2024 2/2 29/2023."

2.

At the outset, the learned counsel for the petitioners seeks a direction upon the Respondent No. 2 i.e. the Collector, Jehanabad, to dispose off the aforesaid appeal, filed by the petitioners, within a stipulated time frame and till then, seeks some interim protection.

3.

Per contra, the learned counsel for the Respondent-State submits that in case, the petitioners have filed an appeal and the same is still pending, it shall be disposed off, within a fixed time frame.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 2 to dispose off the aforesaid appeal, filed by the petitioners, in case the same has actually been filed and is still pending consideration, by passing a reasoned and a speaking order, in accordance with law, within a period of four weeks from today and till then, status quo, existing as on today qua the land / houses of the petitioners in question, shall be maintained. 5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U