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Patna High CourtCWJC/13473/2023disposed

Gopal Das v. The State Of Bihar

2023-10-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13473 of 2023 ====================================================== Gopal Das Son of Mahendra Das, R/o Village- Basatpur Colony, P.S.- Mufassil, Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Revenue and Land Reforms, Patna.

2.

The District Magistrate, East Champaran, Motihari. 3.

The Sub-Divisional Public Grievance Redressal Officer, Motihari Sadar, East Champaran, Motihari.

4.

The Circle Officer, Block- Chhatauni, East Champaran, Motihari. 5.

Ravi Bhushan Sen, Son of Shri Pranvanshi Sen, Resident of MohallaMathiya Zirat, Ward No. 15, Near NH-28, P.O Motihari, P.S.- Chhatauni, District- East Champaran.

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari, Advocate For the State :

Mr.Rishi Raj Sinha (Sc19) Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ for direction to respondent authorities to stay the encroachment proceeding of Encroachment case No. 11/2022-23 till the outcome of the application dated 19.05.2023 filed by the wife of the petitioner before the District Magistrate, East Champaran, Motihari (respondent No. 02) and further prayed for direction to respondent authorities to take no-coercive action against the petitioner in connection with Encroachment Case No. 11/2022-23 for removal of his

Patna High Court CWJC No.13473 of 2023(3) dt.18-10-2023 2/2 possession."

2. At the outset, the learned counsel for the respondentState seeks to file a counter affidavit, which is taken on record, wherein it has been stated that the Circle Officer, BlockChhatauni, East Champaran, Motihari, has passed the final order dated 27.03.2023, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.11 of 2022-23, hence in case the petitioner is aggrieved, he can file an appeal.

3. The learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 27.03.2023, passed by the Circle Officer, Block-Chhatauni, East Champaran, Motihari, by filing appropriate appeal under Section 11 of the Act, 1956, however, seeks some protection, during the interregnum period. Liberty so sought is granted.

4. 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.

5. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U