Maharajadhiraj Kameshwar Singh Charitable Trust v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14225 of 2022 ====================================================== 1.

Maharajadhiraj Kameshwar Singh Charitable Trust through its Manager Ashutosh Datta, aged about 36 years, Male, son of Hirakant Datta, resident of Denby Road, Rambagh Palace, P.S. LNMU and District - Darbhanga. 2.

Maharaja Kameshwar Singh Memorial Hospital and Research Centre, Darbhanga (commonly known as Raj Hospital) situated at Kameshwar Nagar, Kumudganj, and District Darbhanga through Ashutosh Datta, aged about 36 years, Male, Son of Hirakant Datta, Incharge Secretary of Hospital cum Assistant Manager, Raj Darbhanga.

3.

Ashutosh Datta son of Hirakant Datta, Resident of Denby Road, Ward No. 12, P.S. LNMU and District - Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Darbhanga. 2.

The Collector, Darbhanga.

3.

Anchal Adhikari Sadar, Darbhanga.

4.

Principal, Maharani Rameshwari Institute of Indian Medical Science, Mohanpur, Darbhanga, P.O. Saramohanpur, P.S.- Sadar and District Darbhanga.

5.

Maharani Rameshwari Institute of Indian Medical Science, Mohanpur, Darbhanga, P.O. Saramohanpur, P.S.- Sadar and District Darbhanga through its Principal cum Administrative Officer.

6.

The Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.

7.

Director, Directorate of Health and Indigenous Medicine, New Secretariat, Bailey Road, Patna.

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

For the Petitioner/s :

Mr.Madan Mohan, Advocate For the Respondent/s :

Mr.S.D. Yadav (AAG 9) :

Mr. Braj Bhushan Mishra, AC to AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2022 At the outset, the learned Senior counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 27.07.2022, passed by the Circle officer, Sadar, Darbhanga in Encroachment case no. 02 of 2022-23, by filing

Patna High Court CWJC No.14225 of 2022(2) dt.27-09-2022 2/2 appropriate appeal before the appellate authority. Liberty so sought, is granted.

The writ petition stands disposed off.

It is needless to state that if appropriate appeal is filed by the petitioners within a period of four weeks from today, status quo existing as on today qua the land/ house in question, shall be maintained till the final disposal of the appeal to be filed by the petitioners, however in case, no appeal is filed by the petitioners within a period of four weeks from today, the aforesaid protection being granted to the petitioners shall stand revoked and the respondents shall be free to take such action as is deemed fit and proper, in accordance with law. (Mohit Kumar Shah, J) rinkee/- U