Sushil Narayan Sharma @ Sushil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.982 of 2024 ====================================================== 1.
Sushil Narayan Sharma @ Sushil Singh Son of Late Mishri Singh Resident of Village-Vajitpur, P.S.-Pakrivarawan District-Nawada. 2.
Siya Sharan Singh Son of Late Ramotar Singh Resident of Village-Vajitpur, P.S.-Pakrivarawan District-Nawada.
3.
Vedi Shankar Singh Son of Late Sitaram Singh Resident of Village-Vajitpur, P.S.-Pakrivarawan District-Nawada.
4.
Ram Naresh Sharma @ Natesh Das Son of Late Ram Lagan Sharma Resident of Village-Vajitpur, P.S.-Pakrivarawan District-Nawada. 5.
Arjun Sharma Son of Late Ram Lagan Sharma Resident of Village-Vajitpur, P.S.-Pakrivarawan District-Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The District Magistrate, Nawada.
3.
The Additional Deputy Collector, Nawada.
4.
The Deputy Collector Land Reform Nawada.
5.
The Circle Officer Pakribarawan 6.
Nawal Kishore Singh Son of Shri Dani Singh Resident of Village Bajitpur, P.S.-Pakribarawan, District-Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate For the State :
Mr. Nutan Sahay, AC to AAG-12 Mr. Devendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2024 Though the present writ petition has been filed for quashing the proceedings of Encroachment Case No.09 of
Patna High Court CWJC No.982 of 2024(4) dt.11-11-2024 2/3 2022-2023, initiated by the Circle Officer, Pakribarawan, and for not disturbing the peaceful possession of the petitioners over the land bearing Khata No.39, 40, Plot No.707 and 367, situated at Mauza-Bajitpur, Thana No.19, Pakribarawan, District-Nawada, 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 Circle Officer, Pakribarawan has passed the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), in connection with Encroachment Case No.09 of 2022-23, on 15.06.2023, hence in case the petitioners are aggrieved, they can file appeal under Section 11 of the Act, 1956.
2. In view of the aforesaid, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 15.06.2023, 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 petitioners in question, shall be maintained
Patna High Court CWJC No.982 of 2024(4) dt.11-11-2024 3/3 in order to enable them 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