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Patna High CourtCWJC/12261/2024disposed

Raman Ram v. The State Of Bihar

2024-10-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12261 of 2024 ====================================================== Raman Ram S/o Late Mahangu Ram, Resident of Village- Tiwaridih, P.O. - Belwa, P.S. - Sasaram, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector, Rohtas, Bihar.

3.

The Additional Collector, Sasaram, Rohtas.

4.

The Sub-Divisional Officer, Sasaram, Rohtas.

5.

The Circle Officer, Sasaram, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashish, Advocate For the Respondent/s :

Mr.Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2024 Though the present writ petition has been filed for quashing the notice dated 25.01.2024, issued by the Circle Officer, Sasaram, Rohtas i.e. the respondent no. 5 under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956) in connection with Encroachment Case No. 11 of 2021-22, however, the learned counsel for the respondent-State has, at the outset, referred to the counter affidavit filed in the present case, to submit that the respondent no. 5 has already passed the final order under Section 6(1) of the

Patna High Court CWJC No.12261 of 2024(4) dt.28-10-2024 2/2 Act, 1956 on 18.04.2022, in connection with Encroachment Case No. 11 2021-22, hence in case the petitioner is so aggrieved, he may file an appeal under Section 11 of the Act, 1956.

2.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 18.04.2022, 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 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) S.Sb/- U