Sahajada Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12290 of 2024 ====================================================== Sahajada Salim son of Md. Sagir, Ward No-07, Nirmali, Post-Nirmali, PSNirmali, District-Supaul, Bihar-847452. ... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate, Supaul.

4.

The Superintendent of Police, Supaul.

5.

The Sub-Divisional Officer, Nirmali, District-Supaul. 6.

The Block Development Officer, Nirmali, District-Supaul. 7.

The Circle Officer, Nirmali Anchal, District-Supaul. 8.

The S.H.O. Nirmali Police Station, District-Supaul. 9.

Afsana Parveen Wife of Md. Rizwan Jamauddin, Resident of Village and P.S.-Nirmali, District-Supaul.

10.

Md. Rizwan Jamauddin son of Md. Israiyal, Resident of Village and P.S.- Nirmali, District-Supaul.

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

For the Petitioner/s :

Mr.Amit Pandey, Adv.

Mr.Sumit Kumar, Adv.

For the Respondent/s :

Mr.Government Advocate (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2025

1. Though the present writ petition has been filed for quashing the notices dated 10.04.2024 and 11.05.2024, issued by the Circle Officer, Nirmali Circle, District-Supaul i.e. the respondent no.7 as also to prevent the respondent authorities from evicting the petitioner from the land appertaining to Plots No.1520, 1521 and 1522, admeasuring 21 decimal, situated at Village-Nirmali, Thana No.97, P.S.- Nirmali, District-Supaul,

Patna High Court CWJC No.12290 of 2024(7) dt.07-01-2025 2/2 however, at the outset, the learned counsel for the respondentState has referred to the supplementary counter affidavit filed in the present case to submit that the Circle Officer, Nirmali, District-Supaul has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), on 02.04.2024.

2. In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 02.04.2024, 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 the petitioner to file appropriate appeal and seek interim relief.

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

(Mohit Kumar Shah, J) sonal/- U