Mirtunjay Kumar @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15117 of 2024 ====================================================== Mirtunjay Kumar @ Santosh Singh Son of Ramayan Singh, Resident of Village and Post- Dharupur, Police Station- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Superintendent of Police, Rohtas at Sasaram. 4.

The Sub- Divisional Officer, Bikramganj, Rohtas. 5.

The Officer- Incharge, Police Station- Bikramganj, Rohtas. 6.

The Executive Officer, Bikramganj, Nagar Parishad Bikramganj, Rohtas. 7.

The Circle Officer, Bikramganj, Rohtas.

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent/s :

Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2024 Though the present writ petition has been filed for quashing the notice dated 24.07.2024, issued by the Executive Officer, Nagar Parishad, Bikramganj, Rohtas, by which the petitioner has been directed to remove the encroachment made over the land, situated at Mauza-Dharupur, appertaining to Khata No.631, Plot No.2432, however, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed in the present case that the Executive Officer, Nagar Parishad, Bikramganj has already passed the final order dated 24.07.2024/31.07.2024, holding the petitioner to be an

Patna High Court CWJC No.15117 of 2024(3) dt.18-11-2024 2/2 encroacher.

2. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 24.07.2024/31.07.2024, passed by the Executive Officer, Nagar Parishad, Bikramganj, Rohtas, 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. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U