Ram Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16300 of 2024 ====================================================== 1.

Ram Babu Sah Son of Late Lakhan Sah resident of village - Barajai Ram, P.S. - Chiraia, District - East Champaran.

2.

Ram Brikash Thakur, Son of Late Raghuni Thakur, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. 3.

Ramnaresh Pandey, Son of Late Ram Ayodhya Pandey, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. 4.

Shambhu Thakur, Son of Late Feku Thakur, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. 5.

Naval Pandey, son of Late Ram Ayodhya Pandey, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. 6.

Sahdev Ray @ Sahdev Son of Late Dev Nandan Ray @ Dev Nan Ray Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. 7.

Lakshmi Thakur, Son of Raghuni Thakur, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran.

8.

Punit Shah @ Kunik Shah son of Ramvriksha Shah, Resident of village - Barajairam, P.S. Chiraia, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector/District Magistrate, East Champaran, Motihari. 3.

The Circle Officer, Chiraia, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhitabh Kumar, Adv.

For the State :

Mr. Sunil Kumar Mandal, SC-3 Mr. Arujun Prasad, AC to SC-3 For the Intervenor :

Mr. Ajay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2025 Though the present writ petition was filed by the petitioners for quashing the order, contained in memo dated 3.10.2024, issued by the Circle Officer, Chiraia, East Champaran, i.e. the Respondent No. 3, however, at the outset,

Patna High Court CWJC No.16300 of 2024(4) dt.15-01-2025 2/2 the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the final order dated 24.05.2023, passed by the Respondent No. 3 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. 1 of 2021-22 by filing an Appeal under Section 11 of the Act, 1956, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

2.

It is needless to state that for a period of four weeks from today, status quo, existing as on today qua the land/houses of the petitioners in question, shall be maintained, in order to enable them to file appropriate appeal and seek interim relief. Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U