Sunit Kumar @ Sunit Kumar Vatsyayam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16846 of 2024 ====================================================== 1.

Sunit Kumar @ Sunit Kumar Vatsyayam Son of Late Binod Roy Resident of Village- Bhawnathpur, P.S.- Sultanganj, District- Bhagalpur. 2.

Abhishek Kumar, Son of Late Ramanuj Roy Resident of VillageBhawnathpur, P.S.- Sultanganj, District- Bhagalpur. 3.

Shiv Kishore Roy, Son of Basuki Roy Resident of Village- Bhawnathpur, P.S.- Sultanganj, District- Bhagalpur.

4.

Sheo Balak Roy, Son of Late Bishundeo Roy Resident of VillageBhawnathpur, P.S.- Sultanganj, District- Bhagalpur. 5.

Pramod Kumar Roy, Son of Late Bishundeo Roy Resident of VillageBhawnathpur, P.S.- Sultanganj, District- Bhagalpur. 6.

Shiv Nandan Roy @ Shivnandan Roy, Son of Late Bishundeo Roy Resident of Village- Bhawnathpur, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate -cum- Collector, Bhagalpur. 3.

The Sub- Divisional Magistrate, Bhagalpur.

4.

The Circle Officer, Sultanganj, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 At the outset, the learned counsel for the petitioners seeks permission to correct the number of the Title Suit, as has been mentioned in paragraph no. 17 of the present writ petition. Permission, so sought, is granted.

2.

Needful be done during the course of the day. 3.

Though the present writ petition has been filed for

Patna High Court CWJC No.16846 of 2024(2) dt.11-11-2024 2/2 quashing the notice dated 15.07.2024 issued by the Circle Officer, Sultanganj, District-Bhagalpur under Section 3 of the Bihar Public Land Encroachment Act, 1956, however, at the outset, the learned counsel for the petitioners submits that the petitioners have already filed a title suit bearing Title Suit No. 265 of 2024, which is pending adjudication before the learned Court of Sub-Judge, Bhagalpur, hence they be granted liberty to prosecute the same, however, some protection be granted to the petitioners in order to enable them to seek injunction in the said title suit. Liberty so sought is granted.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent-State authorities to maintain status quo, as is existing as on today, qua the land/houses of the petitioners in question for a period of six weeks from today in order to enable them to press their injunction petition, filed/to be filed in the aforesaid Title Suit No. 265 of 2024.

5.

The writ petition stands disposed off on the aforesaid terms.

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