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Patna High CourtCWJC/7285/2018disposed

Uday Kumar Alias Uday Kumar Gupta v. The State Of Bihar And ORS

2024-10-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7285 of 2018 ====================================================== Uday Kumar Alias Uday Kumar Gupta Son of Ram Kumar Prasad, Resident of Village-Rajpur P.S.-Keshariya, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Motihari, East Champaran 2.

S.D.O. Chakia Division, Motihari, East Champaran. 3.

Anchaladhikari, Kalyanpur Block, Chakiya, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III, Adv.

For the Respondent/s :

Mr. Ram Shankar Prasad, AC to GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ in the nature of certiorari, order or orders, direction or directions quashing the order dated 28.7.2017, passed by the respondent no. 1, in Encroachment Case No. 47/11-12, whereby and whereunder he has directed the respondent no.3 to remove the Encroachment and further direction may be given to stay the operation of order dated 28.7.2017, passed by the respondent no. 1.

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Civil Court of competent jurisdiction, for the purposes of filing appropriate suit, however, seeks some protection during the

Patna High Court CWJC No.7285 of 2018(8) dt.05-10-2024 2/2 interregnum period. Liberty, so sought, is granted. 3.

It is needless to state that for a period of six 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 suit and seek interim relief. 4.

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

(Mohit Kumar Shah, J) Ajay/- U