Shree Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11948 of 2024 ====================================================== 1.

Shree Ram Yadav Son of Pyare Yadav Resident of Village- Aure, Ward No.- 13, Police Station- Cheriya Bariyarpur, District- Begusarai- 851132. 2.

Shiv Ji Yadav, Son of Late Phudo Yadav Resident of Village- Aure, Ward No.- 13, Police Station- Cheriya Bariyarpur, District- Begusarai- 851132. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Acquisition, Government of Bihar, Patna.

2.

The District Magistrate-cum-Collector, Begusarai. 3.

The Sub Divisional Officer, Manjhaul, Begusarai. 4.

The Block Development Officer, Cheriya Bariyarpur, Begusarai. 5.

The Circle Officer, Cheriya Bariyarpur, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate Ms.Sarita Kumari, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha, AAG-7 Mr.Rajeev Kr. Sinha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2024

1. Though the present petition has been filed for setting aside the order dated 21.09.2023, passed by the SubDivisional Magistrate-cum-Collector, Manjhaul, whereby and whereunder date has been fixed for removal for encroachment, however, at the outset, the learned counsel for the respondentState has submitted by referring to the counter affidavit, filed in the present case that the Circle Officer, Cheriya Bariyarpur, Begusarai, has passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred

Patna High Court CWJC No.11948 of 2024(4) dt.17-12-2024 2/2 to as 'the Act, 1956') on 03.09.2024, in connection with Encroachment Case No.02 of 2019-20, hence in case the petitioners are so aggrieved, they may prefer an appeal under Section 11 of the Act, 1956.

2. At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the aforesaid order dated 03.09.2024, by filing appropriate appeal, under Section 11 of the Act, 1956, however, seeks some protection during the interregnum period. Liberty so sought is granted.

3. It is needless to state that for a period of six weeks from today, status quo existing as on today qua the land/houses of the petitioners in question shall be maintained in order to enable the petitioners to file appropriate appeal and seek interim relief.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U