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Patna High CourtCWJC/19463/2019disposed

Jiwanand Upadhaya v. The State Of Bihar

2019-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19463 of 2019 ====================================================== Jiwanand Upadhaya son of Sri Durgadatt Upadhaya, resident of Mohalla- Ijra Upadhaya Tola, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar The Collector, East Champaran at Motihari. 2.

The Collector, East Champaran at Motihari.

3.

The Sub-Divisional officer, Areraj, East Champaran at Motihari. 4.

The Circle Officer, Sangrampur, East Champaran at Motihari. 5.

Sri. Vijay Mishra, Son of Late. Nageshwar Mishra, resident of VillageEajara Upadhaya Tola, P.S.- Sangrampur, District- East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Navjot Yeshu For the Respondent/s :

Mr.Subash Chandra Yadav (GP-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2019 The present writ petition has been filed challenging the order dated 29.08.2019 passed by the Circle Officer, Sangrampur, East Champaran at Motihari purportedly under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. The learned counsel for the petitioner submits that the petitioner would challenge the aforesaid order dated 29.08.2019 by filing an appeal before the appellate authority under Section 11 of the Bihar Public Land Encroachment Act, 1956. Permission is granted.

The writ petition stands disposed off with a further direction that status quo existing as on today shall be

Patna High Court CWJC No.19463 of 2019(2) dt.19-09-2019 2/2 maintained qua the plot in question of the petitioner herein till final order is passed in the Appeal, to be filed by the petitioner. However, it is made clear that in case no appeal is filed within a period of four weeks from today, the aforesaid order granting status quo to the petitioner herein shall stand vacated automatically.

It is further clarified that the aforesaid order of status quo shall prevail till the passing of the order in appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956. (Mohit Kumar Shah, J) S.Sb/- U