Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11803 of 2024 ====================================================== Kusum Devi W/o Majistar Sah, resident of Village-Babhanauli, P.S.- Basantpur, Dist.-Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner Saran Division, Chapara. 3.

The Collector cum District Magistrate, Siwan, Dist. Siwan. 4.

The Circle Officer, Lakadi Nabiganj, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Respondent/s :

Mr.Government Pleader (26) For the Intervenor :

Mr.Mithilesh Kr. Upadhyay, Advocate Mr.Raju Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-10-2024

1. Though, the present petition has been filed for quashing the notice dated 05.07.2024, issued by the Circle Officer, Lakadi Nabiganj, District-Siwan, in connection with Encroachment Case No.02 of 2024-25, however, the learned counsel for the respondent-State submits that the Circle Officer, Lakadi Nabiganj, District-Siwan has already passed the final order dated 05.07.2024, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.02 of 2024-25, hence in case the petitioner is aggrieved by the same, he may file appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956.

Patna High Court CWJC No.11803 of 2024(4) dt.07-10-2024 2/2

2. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 05.07.2024, by filing appropriate appeal, however, seeks some protection during the interregnum period. Liberty so sought is granted.

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

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U