Mathura Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14968 of 2024 ====================================================== Mathura Ray Son of Late Bangali Ray, Resident of - Lejuar, Post - Daudpur, P.S.- Daudpur, District- Saran, Bihar - 841205. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Saran (Chapra), Bihar. 3.

The Circle Officer, Manjhi, Saran.

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

For the Petitioner/s :

Mr.Madhuripu Raj, Advocate For the Respondent/s :

Mr.Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2024

1. Though the present petition has been filed for quashing the notice dated 16.08.2024, issued by the Circle Officer, Manjhi, Saran, i.e. the respondent no.3, however, at the outset, the learned counsel for the respondent-State has submitted by referring to the supplementary counter affidavit, filed in the present case that the respondent no.3 has passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act, 1956') on 08.07.2024, in connection with Encroachment Case No.11 of 2023-24, hence in case the petitioner is so aggrieved, he may challenge the same by filing appropriate appeal under Section 11 of the Act, 1956.

2. At this juncture, the learned counsel for the

Patna High Court CWJC No.14968 of 2024(4) dt.17-12-2024 2/2 petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 08.07.2024, 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 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 appeal and seek interim relief.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U