Santosh Kumar Jha @ Santosh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14243 of 2024 ====================================================== Santosh Kumar Jha @ Santosh Jha Son of Shyam Narayan Jha, Resident of Village- Sujanpur, P.S.- Gadhpura, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Begusarai.

3.

The Additional Collector, Begusarai.

4.

The DCLR, Begusarai.

5.

The Circle Officer, Gadhpura District- Begusarai. 6.

The Revenue Karmchari Gadhpura Block- Gadhpura. 7.

Sanjit Kumar Singh, Son of Satya Narayan Singh, resident of ward no. 09, Korai, P.S. Gadhpura, District- Begusarai.

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

For the Petitioner/s :

Ms.Nivedita Nirvikar, Sr. Advocate Mr.Ranjit Kumar Yadav, Advocate Ms.Supragya, Advocate For the Respondent/s :

Mr.Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for quashing the notice dated 05.09.2024, issued by the circle officer Gadhpura, so far it relates to the petitioner and for quashing the notice dated 02.04.2024, issued u/s (3), as well as the notice dated 14.05.2024, issued u/s 6(2) of the Bihar Public Land Encroachment Act, 1956, by issuing a writ in the nature of certiorari and further for directing the respondents not to dispossess the petitioner or demolish his house,

Patna High Court CWJC No.14243 of 2024(2) dt.19-09-2024 2/2 which is situated over 1 Katha 6 dhur land, appertaining to Plot no. 683, Khata No.206, situated at village (Begusarai) Block Gadhpura, District Begusarai, since the time of his ancestors."

2. At the outset, the learned senior counsel for the petitioner submits that the petitioner is in the process of filing an appeal against the final order, passed by the Circle Officer, Gadhpura District- Begusarai, in Encroachment Case No.03 of 2023-24, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, hence some protection be granted during the interregnum period, while granting liberty to the petitioner to file the said appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

3. It is needless to state that for a period of four weeks from today no coercive action shall be taken against the petitioner in order to enable the petitioner to file appropriate appeal and seek interim relief.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U