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Patna High CourtCWJC/143/2023disposed

Dheeraj Kumar v. The State Of Bihar

2023-09-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.143 of 2023 ====================================================== Dheeraj Kumar Son of Shatrughan Singh Resident of VillageBhandhubarawa, P.S.-Ramgardhawa, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, District-Patna. 2.

The Collector, East Champaran District-East Champaran. 3.

The Additional Collector, East Champaran District-East Champaran. 4.

The Circle Officer, Ramgardhawa, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( SC-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of a writ in the nature of "Certiorari" quashing the notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 issued by the Circle Officer, Ramgardhawa under designation of Collector on 09.09.2021 without passing any order whereby and whereunder he has directed the petitioner to remove encroachment regarding land situated at Mouza-

Patna High Court CWJC No.143 of 2023(2) dt.04-09-2023 2/2 Bandhubarawa bearing Khata No.

93, Khesra No. 1257/5, Rakwa 0.3 1⁄2 decimal which belongs to this petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prosecute the Title Suit in question i.e. the one bearing Title Suit No. 97 of 2022, which is pending consideration before the learned Court of SubJudge, Motihari at East Champaran. Liberty, so sought, is granted.

3.

It is needless to state that for a period of eight 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 seek interim protection in the ongoing Title Suit.

4.

Accordingly, the present writ petition stands disposed off.

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