Md. Rizwan Khan, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16301 of 2024 ====================================================== 1.

Md. Rizwan Khan, Son of Jamaluddin Khan, presently resident of Rabda, P.S.-Paratapur, District-Chatra Paratapur, Jharkhad, Permanent at Resident of Village-Dhangawan, PS-Jehanabad, District-Jehanabad, Bihar. 2.

Md. Munna Khan, S/o Baso Khan Resident of Village-Dhangawan, PSJehanabad, District-Jehanabad, Bihar. ... ... Petitioner/s

Versus

1.

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

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

The Sub Divisional Officer, Jehanabad, District-Jehanabad. 4.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2024

1. Though the present writ petition has been filed for quashing the encroachment proceedings initiated by the Circle Officer, Jehanabad i.e. the respondent no.4, vide Encroachment Case No.3 of 2024-25, however, at the outset, the learned counsel for the respondent-State submits by referring to the counter affidavit filed in the present case that the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act, 1956'), has already been passed by the respondent no.4, on 13.11.2024, hence in case the petitioners are so aggrieved, they may challenge the

Patna High Court CWJC No.16301 of 2024(4) dt.02-12-2024 2/2 same by filing appropriate appeals under Section 11 of the Act, 1956.

2. At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the aforesaid order dated 13.11.2024, by filing appropriate appeals 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 six 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 appeals and seek interim reliefs.

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

(Mohit Kumar Shah, J) sonal/- U