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Patna High CourtCWJC/7778/2018disposed

Pankaj Kumar Singh v. The State Of Bihar And ORS

2022-08-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7778 of 2018 ====================================================== Pankaj Kumar Singh S/o Fulendra Narayan Singh R/o Vill. Baghor, P.S. Mahesi Dist. Sharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms the State Govt. of Bihar, Patna, P.S. Schivalya T 3.

The District Magistrate Saharsa P.S. Saharsa Sadar Dist.-Saharsa. 4.

The Additional Collector, Saharsa 5.

The Circle Officer Mahesi, P.S. Mahesh Dist.-Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md.Khurshid Alam -AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2022 The limited prayer made by the petitioner in the present writ petition is to quash the order dated 09.04.2018 passed by the learned A.D.M., Saharsa, whereby and whereunder he has recalled his own order dated 04.04.2018 by which stay was granted in favour of the petitioner in Encroachment Appeal No. 45 of 2018. However, it is submitted on behalf of the petitioner that the aforesaid encroachment appeal be directed to be disposed off and till then some protection be granted.

The learned counsel for the respondent-State has submitted that in case aforesaid encroachment appeal in

Patna High Court CWJC No.7778 of 2018(3) dt.01-08-2022 2/2 question is still pending, the same shall definitely be disposed off by passing the final order, in accordance with law. Accordingly, the present writ petition stands disposed off with a direction to the Additional District Magistrate, Saharsa to dispose off the aforesaid Encroachment Appeal No. 45 of 2018 within a period of 12 weeks from today, in case the same has not already been disposed off.

It is needless to state that in case the said Encroachment Appeal No. 45 of 2018 is still pending before the learned A.D.M., Saharsa, then in that case status quo existing as on today qua the land of the petitioner in question shall be maintained till the final order is passed in the said Encroachment Appeal No. 45 of 2018.

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