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Patna High CourtCWJC/13438/2022disposed

Sunil Kumar Singh v. The State Of Bihar

2023-05-08Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13438 of 2022 ====================================================== 1.

Sunil Kumar Singh son of Late Umesh Prasad Singh, resident of VillageKorchakka, Police Station- Naugachia, District- Bhagalpur. 2.

Birendra Singh @ Birendra Kumar Singh, son of Late Gujo Singh @ Gujo Prasad Singh, resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur.

3.

Dilip Singh, son of Laggan Singh @ Ram Lakhan Singh resident of VillageKorchakka, Police Station- Naugachia, District- Bhagalpur. 4.

Karu Singh, son of Late Bhujanghi Prasad Singh, resident of VillageKorchakka, Police Station- Naugachia, District- Bhagalpur. 5.

Angad Singh @ Angad Mahto, son of Chamru Singh @ Awadhesh Mahto resident of Village- Korchakka, Police Station- Naugachia, DistrictBhagalpur. 6.

Haldhar Thakur, son of Late Suddi Thakur, resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur. 7.

Upendra Thakur @ Upendra Prasad Thakur son of Dinesh Thakur @ Dinesh Prasad Thakur, resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur.

8.

Yogi Singh @ Yogi Prasad Singh, son of Late Virachi Singh resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur. 9.

Sikandra Singh, son of Late Hisabi Singh, resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur. 10.

Bindeshwar Singh @ Bindeshwari Mahto, son of Late Bichchu Singh @ Bichchu Mahto, resident of Village- Korchakka, Police Station- Naugachia, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Bhagalpur.

3.

The Sadar Divisional Magistrate, Naugachia in the District- Bhagalpur. 4.

The Deputy Collector Land Reforms, Naugachia in the District- Bhagalpur. 5.

The Circle Officer, Naugachia in the District- Bhagalpur.

Patna High Court CWJC No.13438 of 2022(2) dt.08-05-2023 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2023 The limited prayer made by the petitioners in the present writ petition is to direct the Circle Officer, Naugachia, District-Bhagalpur, to finally decide the pending Encroachment Case No. 7 of 2021-22, after taking into account the objections of the petitioners and during the interregnum period, some protection be granted.

Having regard to the limited prayer made by the petitioners in the present writ petition, I deem it fit and proper to dispose of the present writ petition with a direction to the Circle Officer, Naugachia, District-Bhagalpur, to pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 7 of 2021-22, within a period of six weeks from today.

It is needless to state that in case the petitioners so desire, they may file their objections / representations within a period of two weeks from today.

For a period of six weeks from today, status quo, existing as on today qua the land / houses of the petitioners in

Patna High Court CWJC No.13438 of 2022(2) dt.08-05-2023 3/3 question, shall be maintained so as to enable the Circle Officer, Naugachia, District-Bhagalpur, to pass the final order in connection with the aforesaid Encroachment Case No. 7 of 2021-22.

(Mohit Kumar Shah, J) Ajay/- U