Laleshwar Prasad Singh @ Baleshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16406 of 2022 ====================================================== 1.
Laleshwar Prasad Singh @ Baleshwar Singh Son of Late Ganga Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 2.
Ramanand Singh, Son of Late Ganga Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 3.
Ashok Singh, Son of Late Harihar Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 4.
Mahendra Singh @ Arbind Prasad Singh, Son of Late Ram Prasad Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 5.
Ashok Ram, Son of Late Baleshwar Ram Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 6.
Sahendra Ram @ Satyendra Ram, Son of Late Chhotan Ram Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 7.
Munna Singh @ Munna Kumar, Son of Late Sidheshwar Prasad Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 8.
Chandeshwar Saw @ Chaneshwar Singh, Son of Late Banwari Saw Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 9.
Rekha Devi, Wife of Late Nagendra Singh Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 10.
Kanchan Kumar, Son of Late Sidheshwara Singh Resident of VillageMirzapur, Police Station- Chiksaura, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Divisional Commissioner, Patna Division, Patna. 3.
The District Collector, Nalanda.
4.
The Sub Divisional Officer, Hilsa, Nalanda.
5.
The Circle Officer, Hilsa, District- Nalanda. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 16407 of 2022 ====================================================== 1.
Ram Babu Prasad Son of Late Janak Singh @ Janak Prasad, Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 2.
Harendra Prasad Singh @ Harendra Prasad Son of Late Lal Bahadur Singh, Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda. 3.
Nagendra Singh @ Nagendra Prasad Son of Late Deonandan Singh, Resident of Village- Mirzapur, Police Station- Chiksaura, District- Nalanda.
Patna High Court CWJC No.16406 of 2022(2) dt.30-11-2022 2/3 ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The Divisional Commissioner, Patna Division, Patna. 3.
The District Collector, Nalanda.
4.
The Sub Divisional Officer, Hilsa, Nalanda.
5.
The Circle Officer, Hilsa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 16406 of 2022) For the Petitioner/s :
Mr.Manish Kumar No2 For the Respondent/s :
Mr.Sajid Salim Khan (Sc25) (In Civil Writ Jurisdiction Case No. 16407 of 2022) For the Petitioner/s :
Mr.Manish Kumar No2 For the Respondent/s :
Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2022 Though the aforesaid two writ petitions were filed by the petitioners seeking quashing of the notice, issued by the Circle Officer, Hilsa, District-Nalanda, fixing date for removal of the encroachment in question, however, the learned counsels appearing for the Respondent-State have produced an order dated 5.11.2022, passed by the Circle Officer, Hilsa, District-Nalanda in connection with Encroachment Case No. 23/2022-23, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.
In view of the aforesaid, the learned
Patna High Court CWJC No.16406 of 2022(2) dt.30-11-2022 3/3 counsel appearing for the petitioners of the aforesaid two cases seeks liberty on behalf of the petitioners to file appropriate appeals, challenging the aforesaid order dated 5.11.2022, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.
It is needless to state that in case, appropriate appeals are filed by the petitioners of the aforesaid two cases within a period of four weeks from today, the same shall be decided on merits by the appellate authority and a reasoned and a speaking order shall be passed, in accordance with law and till then, status quo, existing on as to today qua the land / houses of the petitioners in question, shall be maintained. The writ petitions stand disposed of on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U