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Patna High CourtCWJC/148/2023disposed

Ajay Kumar v. The State Of Bihar

2023-09-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.148 of 2023 ====================================================== 1.

Ajay Kumar Son of Ramvilas Ram, Resident of Village- Ghinhupatti, PostDurgawati, P.S.- Durgawati, District- Kaimur (Bhabhua). 2.

Srikant Kumar Son of Ramvilas Ram, Resident of Village- Ghinhupatti, Post- Durgawati, P.S.- Durgawati, District- Kaimur (Bhabhua). 3.

Vijay Kumar, Son of Ramvilas Ram, Resident of Village- Ghinhupatti, PostDurgawati, P.S.- Durgawati, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Kaimur, Bhabhua.

4.

The Circle Officer, Durgawati, Kaimur.

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

For the Petitioner/s :

Mr.Satyendra Pandey, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1.That this is an application for issuance of the writ/writs, order/orders or direction/directions for quashing the notice dated 31.1.2019, 13.08.2019 and 11.09.2019 passed in Encroachment Case No.14/2018-2019 issued by the Circle Officer, Durgawati, Kaimur by which petitioner and others are directed to remove encroachment

Patna High Court CWJC No.148 of 2023(2) dt.04-09-2023 2/2 from the piece of the land area 1.41 situated under Mauja-Ghinahupatti, Thana No.82, Khata No.93, Plot No.218."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to prosecute the Title Suit in question i.e. the one bearing Title Suit No. 550 of 2022, which is pending consideration before the learned Court of Munsif, Bhabhua, Kaimur. 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 petitioners in question shall be maintained in order to enable the petitioners to seek interim protection in the ongoing Title Suit.

4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U