Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12062 of 2023 ====================================================== Rakesh Kumar S/o Jhapsi Rai Resident of Village- Mangurhiya, P.O.- Hardi, P.S.- Parao, District - Muzaffarpur, Pin - 843122. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Land Reforms Department, Govt. of Bihar.

2.

The Principal Secretary, Revenue and Land Reform Department Govt. of Bihar, Bihar, Patna.

3.

The District Magistrate, District Muzaffarpur. 4.

The Additional Collector, Muzaffarpur.

5.

The Anchal Adhikari, Motipur, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivajee Singh, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"That this writ application has been filed for quashing the notice issued under Section 3 of the Bihar Land Encroachment Act, 1956 by the Circle Officer, Motipur in Encroachment Case No. 4/2023-2024 in the name of the petitioner whereby and whereunder Circle Officer Motipur asked show cause for removing the encroachment over the land pertaining to Khata No. 385, Plot No. 852 and Plot No. 853 situated at Village-Hardi, under Khataya P.S. and have declared the petitione as an encroached."

3. Since the encroachment proceeding has been

Patna High Court CWJC No.12062 of 2023(2) dt.04-12-2023 2/2 initiated against the petitioner and he has filed his show cause, this application is disposed of with direction that during pendency of the encroachment proceeding, the Circle Officer, Motipur, Muzaffarpur will not disturb the possession of the petitioner.

The application stands disposed of.

(Sandeep Kumar, J) P. Kumar U