Shiv Kumar Manjhi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1639 of 2019 ======================================================

1. Shiv Kumar Manjhi, aged about 43(M), Son of Shankar Manjhi, resident of Village- Madhopur, P.O.- Jhajhawa Bazar, P.S..- Jhajhawa AnchalSindhwalia, District- Gopalganj, PIN- 841423.

2. Kedar Manjhi, aged about 43(M), Son of Ramayan Manjhi, VillageMadhopur, P.O. Jhajhawa Bazar, P.S. Jhajhawa, Anchal- Sindhwalia, DistrictGopalganj, PIN- 841423 ... ... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2. The Collector, Gopalganj.

3. The Additional Collector, District- Gopalganj.

4. The District Land Acquisition Officer, District- Gopalganj.

5. The Anchal Adhikari, Sindhwalia, District- Gopalganj. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Raghav Prasad, Advocate.

For the Respondents :

Mr.Subash Chandra Yadav,G.P. 15.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-01-2019 Heard learned counsel for the petitioners and learned counsel for the respondents.

"1. That this is an application on behalf of petitioners for issuance of a writ of Certiorari for quashing of the order dated 09.08.2018 passed in Land Encroachment Case No. 07/1718 under the Bihar Public Land Encroachment Act passed by respondent no. 5 by which petitioners have been directed to be dispossessed from the land pertaining to Thana No. 393, Khesra No. 21 in Jhajhawa Village, MauzaMadhopur, Block- Sindhwalia, DistrictGopalganj, without application of his own mind and just at the dictate of someone else and without passing final order on

Patna High Court CWJC No.1639 of 2019(2) dt.30-01-2019 2/2 merit."

The petitioners are aggrieved by the order dated 09.08.2018 passed in Encroachment Case No. 07/17-18 by respondent no. 5 The Anchal Adhikari, Sindhwalia, Gopalganj, vide Annexure-4 to the present writ application. The petitioners are directed to file an appeal before the Appellate Authority as per Statue as provided under Bihar Public Land Encroachment Act within a period of thirty days from today. The Appellate Authority shall consider the case of the petitioners in accordance with law and pass an appropriate order within a period of three months from the date of filing of such appeal.

Till disposal of appeal, status quo be maintained. With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U