Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11000 of 2024 ====================================================== Subodh Kumar Son of Late Devendra Rai Resident of Village- Saguna Naya Tola, P.S. Danapur, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The District Magistrate-Cum-District Collector, Patna. 4.

The Deputy Collector, land Revenue (D.C.L.R.), Danapur, Patna. 5.

The Circle Officer, Danapur, Patna.

6.

The S.H.O., Danapur, Police Station-Danapur, District-Patna. 7.

Ajoy Kumar Son of Late Ram Chandra Ram Resident of Flat No. 804, Narmada-4, D-6, D.D.A. Flat, Vasant Kunj New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Advocate Mr.Virendra Prasad, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) For that the petitioner filed the writ of Certiorari for quashing the order dated 10.07.2024 passed by the learned D.C.L.R., Danapur, Patna in Land Dispute Case No. 34 of 20232024, i.e. Annexure- P/7; by which the learned court had passed Impugned Order and has declared the construction of the building on

Patna High Court CWJC No.11000 of 2024(2) dt.23-07-2024 2/3 petitioner's land illegal and unauthorized and further directed the Circle Officer, Danapur and S.H.O., Danapur Police Station, Danapur to take action to remove the construction of the building of the petitioner over his land.

(ii) For that the learned D.C.L.R., Danapur without examining the documents along with relevant papers and order passed by the earlier competent courts; hence illegal order passed for removing the construction of building of the petitioner at the said land.

(iii) For issue of writ of Mandamus directing to the respondent authorities not to remove and not dispossess the petitioner from the said land because that the petitioner is in continuous possession of the said land from his date of purchase i.e. 16.10.2007."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 10.07.2024, passed by the learned Court of Deputy Collector Land Reforms, Danapur in Land Dispute Case No. 34 of 2023-24, by filing appropriate appeal before the

Patna High Court CWJC No.11000 of 2024(2) dt.23-07-2024 3/3 learned Commissioner, Patna, however, seeks some protection during the interregnum period. 3.

Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to file appropriate appeal challenging the aforesaid order dated 10.07.2024.

4.

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

5.

The writ petition stands disposed off on the aforesaid terms.

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