Ram Ekwal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14907 of 2024 ====================================================== Ram Ekwal Ram Son of Late Jai Mangal Ram Resident of Village- Basudeva, P.S.- Jaitpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Muzaffarpur District.

3.

The Sub-Divisional Officer, Muzaffarpur (West). 4.

The Deputy Collector Land Reforms, Muzaffarpur. 5.

The Circle Officer, Saraya, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahasweta Chatterjee, Advocate For the Respondent/s :

Government Pleader 26 ====================================================== 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 02.09.2024, issued under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the "Act, 1956"), by the Circle Officer, Saraya, District-Muzaffarpur, i.e. the respondent no.5, 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 final order under Section 6(1) of the Act, 1956 has already been passed by the Circle Officer, Saraya on 19.05.2023, in connection with Encroachment Case No.04 of 2022-23, hence in case the petitioner is so aggrieved, he may

Patna High Court CWJC No.14907 of 2024(4) dt.18-11-2024 2/2 file appropriate 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 19.05.2023, 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 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