Sushil Kumar Kanhaiya @ Sunil Kumar Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16740 of 2024 ====================================================== 1.

Sushil Kumar Kanhaiya @ Sunil Kumar Kanhaiya Son of Late Somar Ram @ Sitaram Resident of village/Mohalla- Kasimpur, P.S.- Sultanganj, District- Bhagalpur, Bihar.

2.

Shashank Kumar Snehi, Son of Late Somar Ram @ Sitaram Resident of village/Mohalla- Kasimpur, P.S.- Sultanganj, District- Bhagalpur, Bihar. 3.

Neeraj Ram @ Neeraj Kumar, Son of Late Somar Ram @ Sitaram Resident of village/Mohalla- Kasimpur, P.S.- Sultanganj, District- Bhagalpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Bhagalpur, Bihar. 2.

The Additional District Magistrate cum First Appellate Authority (Public Grievance Redressal), Bhagalpur.

3.

The Sub Divisional Magistrate, Bhagalpur Sadar, Bhagalpur. 4.

The Circle Officer, Sultanganj, Bhagalpur.

5.

Kailash Ram, Son of Late Ayodhya Ram Resident of Village- Kasimpur, P.S.- Sultanganj, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Kumar Singh, Adv.

For the Respondent/s :

Mr. Raghwanand, GA-11 Mr. Sanjay Kumar Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2024 Though the present writ petition has been filed for setting aside the notice dated 24.10.2024, issued by the Circle Officer, Sultanganj, i.e. the Respondent No. 4, in connection with Encroachment Case No. 7 of 2022-23, however, at the outset, the learned counsel for the petitioners has submitted that the Respondent No. 4 has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, on 24.10.2024, copy whereof has been handed over to this Court

Patna High Court CWJC No.16740 of 2024(2) dt.29-10-2024 2/2 and is taken on record.

2.

In such view of the matter, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the aforesaid order dated 24.10.2024, passed by the Respondent No. 4, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment 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 appeal and seek interim relief. 4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U