Rajkumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15034 of 2024 ====================================================== Rajkumar Sah Son of Kanchan Sah, resident of Village-Kabirpur, P.O.- Kabirpur, P.S.-Mairwa, District-Siwan, Pin Code-841243. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Home, Government of Bihar, Patna.

4.

The Collector cum District Magistrate, Siwan. 5.

The Additional Collector (Revenue) Siwan.

6.

The Sub Divisional Officer, Siwan.

7.

The Deputy Collector, Land Reforms, Siwan.

8.

The Circle Officer, Mairwa, District-Siwan.

9.

The Station House Officer, Mairwa, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Respondent/s :

Mr.Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024

1. Though the present writ petition has been filed for directing the respondent State not to remove the construction made over the land, appertaining to Khata No.614, Survey No.4547, situated at Mauza-Kabirpur, Thana No.42, DistrictSiwan, however, at the outset, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed in the present case that the Circle Officer, Mairwa, District-Siwan, has already passed the final under Section 6(1) of the Bihar Public Land Encroachment Act, 1956

Patna High Court CWJC No.15034 of 2024(5) dt.25-11-2024 2/2 (hereinafter referred to as 'the Act, 1956'), on 05.07.2024, hence in case the petitioner is so aggrieved, he may challenge the same by filing an appeal under Section 11 of the Act, 1956.

2. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 05.07.2024, by filing appropriate appeal under Section 11 of the Act, 1956, 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 him to file appropriate appeal and seek interim relief.

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

(Mohit Kumar Shah, J) sonal/- U