Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13137 of 2024 ====================================================== Uday Kumar Son of Late Gopal Prasad Resident of- Katari Hill, P.S.- Chandauti, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Collector-cum-District Magistrate, Gaya.

3.

The Circle Officer, Town, Gaya.

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

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC-26 Mr. Santosh Kumar Mishra, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-10-2024 Though the present writ petition was filed by the petitioner for quashing the notice dated 1.8.2024, issued by the Circle Officer, Town, Gaya, i.e. the Respondent No. 3, in connection with Encroachment Case No. 4 of 2024-25, however, it is pointed out by the learned counsel for the Respondent-State, by referring to the counter affidavit filed in the present case that the Respondent No. 3 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 1.8.2024, hence, in case the petitioner is so aggrieved he can challenge the same, by filing appropriate appeal, under Section 11 of the Act, 1956.

Patna High Court CWJC No.13137 of 2024(3) dt.24-10-2024 2/2 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 1.8.2024, by filing appropriate appeal, 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.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U