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Patna High CourtCWJC/20920/2018disposed

Badri Narayan Jha @ Vadri Narayan Jha v. The State Of Bihar

2022-09-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20920 of 2018 ====================================================== Badri Narayan Jha @ Vadri Narayan Jha Son of Late Hemchandra Jha Resident of Village-Kapasiya, North of Bijal Puratola, Circle Office-OfficeBenipatti, P.S.-Arer, Dist.-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, dept. of Revenue and Land Reform, Govt. of Bihar, Patna 2.

The Collector, Madhubani 3.

The Sub Divisional Megistrate, Benipatti District-Madhubani 4.

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

For the Petitioner/s :

Mr.Abhay Kumar Thakur For the Respondent/s :

Mr.Md.Khurshid Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 Though the present writ petition was filed for quashing the encroachment proceedings in question, however, considering the fact that the Respondents have filed a counter affidavit wherein they have brought on record the order dated 15.1.2018/5.6.2018, passed by the Circle Officer, Benipatti, District-Madhubani, purportedly passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the said order, passed by

Patna High Court CWJC No.20920 of 2018(2) dt.06-09-2022 2/2 the Circle Officer, Benipatti, District-Madhubani, by filing appropriate appeal. Liberty, so sought, is granted.

It is needless to state that in case, appropriate appeal is filed by the petitioner within a period of six weeks from today, the same shall be considered on merits without the appellate authority being impeded by the issue of limitation and further status quo, existing as on today, shall be maintained till the final disposal of the appeal to be filed by the petitioner.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U