Baidyanath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3897 of 2021 ====================================================== 1.

BAIDYANATH JHA son of late Thakkan Jha Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani 2.

Moti Devi wife of Late Jagannath Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani 3.

Kailash Jha son of late Kartikaye Jha Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna 2.

The Collector, Madhubani 3.

The Additional Collector, Madhubani 4.

The Deputy Collector, Land Reforms, Benipatti, District- Madhubani 5.

The Circle Officer, Benipatti, District- Madhubani 6.

Parmanand Jha son of late Deo Nandan Jha Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani 7.

Shivanand Jha son of late Deo Nandan Jha Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani 8.

Nand Kumar Jha son of Nityanand Jha, Arer Bishnupur, Post Office and Police Station- Arer, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J.S. Arora, Sr. Advocate Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2022 The learned senior counsel for the petitioners has submitted at the outset, that the petitioner has already filed an Encroachment Appeal No. 18 of 2020 before the learned District Magistrate, Madhubani against the order dated 28.11.2020 passed by the Circle Officer, Benipatti, however, neither the

Patna High Court CWJC No.3897 of 2021(2) dt.01-09-2022 2/2 same is being heard nor any interim order is being granted to the petitioners herein.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the District Magistrate, Madhubani to finally hear and dispose off the Encroachment Appeal filed by the petitioners, in case the same has been filed and has not been disposed off till date, by passing appropriate orders, in accordance with law, within a period of 12 weeks of receipt/production of a copy of this order.

It is needless to state that in case the appeal has been filed by the petitioners and the same is pending, status quo existing as on today, qua the plot of the petitioners in question, shall be maintained till the disposal of the aforesaid appeal by the Collector, Madhubani.

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