Rajeev Kumar Pandey @ Rajeev Pandey v. The State Of Bihar Through Collector-Cum-District Magistrate,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12109 of 2024 ====================================================== Rajeev Kumar Pandey @ Rajeev Pandey Son of Ram Ayodhya Pandey Resident of village- Ghorasahan, Police Station- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector-cum-District Magistrate, East Champaran.

2.

The Additional Collector, East Champaran.

3.

The Circle Officer, Ghorasahan Circle, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Dhurendra Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2024 Though the present writ petition has been filed for quashing the notice dated 02.07.2024, issued by the Circle Officer, Ghorasahan, District-East Champaran at Motihari, whereby and whereunder the petitioner has been directed to remove the encroachment made over public land appertaining to Khata No. 11, Plot No. 2323, situated at Mauja-Ghorasahan, Thana No. 08, District-East Champaran at Motihari, however, at the outset, the learned counsel for the respondent-State has submitted that the Circle Officer, Ghorasahan has already passed the final order on 29.06.2024, in connection with Encroachment Case No. 01 of 2024-25, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter

Patna High Court CWJC No.12109 of 2024(4) dt.30-09-2024 2/2 referred to as the 'Act, 1956'), hence in case the petitioner is so aggrieved, he may file appeal under Section 11 of the Act, 1956. 2.

At this juncture, the Ld. Counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 29.06.2024, 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 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 him to file appropriate appeal and seek interim relief. 4.

The writ petition stands disposed off on the aforesaid terms.

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