Anil Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14312 of 2023 ====================================================== 1.

Anil Kumar Thakur Son of late Kapildeo Thakur, Resident of Village- Bishi Khurd, P.S- Dinara, District- Rohtas.

2.

Ram Nath Thakur, son of late Mukteshwar Thakur, Resident of VillageBishi Khurd, P.S- Dinara, District- Rohtas. 3.

Tej Narayan Thakur, Son of late Rameshwar Thakur, Resident of VillageBishi Khurd, P.S- Dinara, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Rohtas at Sasaram.

3.

The Sub-Divisional Public Grievance Redressal Officer, Bikarmganj, District- Rohtas.

4.

The Circle Officer, Dinara.

5.

Dinesh Thakur, son of late Ranjeet Thakur, Resident of Village- Bishi Khurd, P.S- Dinara, District- Rohtas.

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

For the Petitioner/s :

Mr.Sanjay Kumar, 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 13-08-2024 The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of writ in the nature of Certiorari for quashing the proceeding initiated in Encroachment Case No. 09/2023-24 and the notice for removal of alleged encroachment made over Khata no. 86, Keshra no. 258, Area 54 decimal situated at village Dinara, Rohtas whereby and whereunder the petitioners have been directed to remove the alleged encroachment prior to 18.09.2023, otherwise the same shall be removed

Patna High Court CWJC No.14312 of 2023(4) dt.13-08-2024 2/2 without any notice and the cost shall also be recovered,"

2. At the outset, the learned counsel for the respondent-State seeks to place on record a copy of the order dated 02.09.2023, passed by the Circle Officer, Dinara, in Encroachment Case No.09 of 2023-24. Let the same be kept on record.

3.

The learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the aforesaid order dated 02.09.2023, by filing appropriate appeal, however, seeks some protection on behalf of the petitioners 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 petitioners in question shall be maintained in order to enable the petitioners to file appropriate appeal and seek interim relief.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U