Hemant Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12132 of 2018 ====================================================== Ranjit Kumar Son of Sri Ramashish Prasad @ Ramashish Singh, resident of Mohalla- Kaushik Nagar, Hilsa, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate- Cum- Collector, Nalanda at Biharsharif. 3.

The Sub- Divisional Magistrate, Hilsa, District- Nalanda. 4.

The Deputy Collector of Land Reform, Hilsa, District- Nalanda. 5.

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

For the Petitioner/s :

Mr.Alok Kumar Sinha, Sr. Advocate For the Respondent/s :

Mr.Vivek Prasad -GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2022 The present writ petition has been filed for quashing the notice dated 21.05.2018, issued by the Circle Officer, Hilsa, Nalanda at Biharsharif under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter to be referred to as "the Act, 1956"), however, it has transpired that during the interregnum period, the Circle Officer, Hilsa has already passed an order dated 08.06.2018 under Section 6(1) of the Act, 1956, hence, the learned Senior counsel seeks liberty on behalf of the petitioner to file appropriate appeal, however, seeks some protection, in the meantime.

Accordingly, the present writ petition stands disposed off as not pressed, however, with liberty to the petitioner to file

Patna High Court CWJC No.12132 of 2018(4) dt.29-08-2022 2/2 appropriate appeal against the aforesaid order dated 08.06.2018, passed by the C.O., Hilsa and in case, appropriate appeal is filed within a period of four weeks from today, status quo existing as on today, shall be maintained till the disposal of the said appeal by the appellate authority.

(Mohit Kumar Shah, J) rinkee/- U