Sanjay Singh @ Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16359 of 2024 ====================================================== Sanjay Singh @ Munna Singh Son of Late Devnandan Singh Resident of Village- Asha Bigha Post Office- Bhadwa Bazar Police Station Rafiganj, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, New Secretariat, Patna.

2.

The District Magistrate, Aurangabad.

3.

The Sub Divisional Officer, Aurangabad.

4.

The Circle Officer, Rafiganj, District-Aurangabad. 5.

The Anchal Amin, Circle Office, Rafiganj, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2024 At the outset, the learned counsel for the respondent-State seeks to file a supplementary counter affidavit, copy whereof has already been filed on line. Let the same be kept on record. 2.

Though the present writ petition has been filed for quashing the notice dated 24.09.2024, issued by the Circle Officer, Rafiganj, District-Aurangabad i.e. the respondent no. 4 in connection with Encroachment Case No.32 of 2022-23, however, at the outset, the learned

Patna High Court CWJC No.16359 of 2024(4) dt.05-12-2024 2/3 counsel for the respondent- State has referred to the supplementary counter affidavit filed in the present case to submit that the respondent no. 4 has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956,') on 25.09.2024, hence in case the petitioner is so aggrieved, he may file appropriate appeal under Section 11 of the Act, 1956.

3.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 25.09.2024, passed by the respondent no. 4, by filing appropriate appeal under Section 11 of the Act, 1956, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

4. 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 the petitioner to file appropriate appeal and seek

Patna High Court CWJC No.16359 of 2024(4) dt.05-12-2024 3/3 interim relief.

5. The writ petition stands disposed off on the aforesaid terms.

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