Ruplal Sah vs The State Of Bihar
2023 Latest Caselaw 3436 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8439 of 2023
     ======================================================

1. Ruplal Sah S/o Shivanandan Sah, resident of Village-Pakadiya, P.S.-

Banjariya, Circle-Banjariya, District-East Champaran.

2. Suresh Sah, S/o Late Ganesh Sah, resident of Village-Pakadiya, P.S.-

Banjariya, Circle-Banjariya, District-East Champaran.

3. Binod Sah, S/o Late Ganesh Sah, resident of Village-Pakadiya, P.S.-

Banjariya, Circle-Banjariya, District-East Champaran.

4. Ashok Sah, S/o Late Ganesh Sah, resident of Village-Pakadiya, P.S.-

Banjariya, Circle-Banjariya, District-East Champaran.

5. Munilal Sah, S/o Mahadeo Sah, resident of Village-Pakadiya, P.S.-Banjariya, Circle-Banjariya, District-East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The District Magistrate, East Champaran at Motihari.

3. The Sub-Divisional Magistrate, Sadar at Motihari.

4. The Circle Officer, Banjariya Block, District-East Champaran.

5. Om Prakash S/o Sudama Bhagat, resident of Village-Pakadiya, P.S.-

Banjariya, District-East Champaran.

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

For the Petitioner/s : Mr.Shashi Bhushan Pandey, Advocate For the Respondent/s : Mr.Md. Khurshid Alam ( AAG 12 ) For the Respondent no. 5: Mr. Arif Daula Siddiqui, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 01-08-2023

1. The present petition has been filed seeking the

following relief :-

"(i) For issuance of writ in the nature of certiorari to set aside the notice dated 11.03.2023, issued by Circle Officer, Banjariya, by which the Circle Officer has ordered the petitioners to vacate the land, which was mentioned in the notice, without passing the final Patna High Court CWJC No.8439 of 2023 dt.01-08-2023

order in Encroachment proceeding case no. 03/2022-23."

2. After some arguments, the learned counsel for the

petitioners seeks liberty on behalf of the petitioners to challenge the

order dated 27.03.2023, passed by the Circle Officer, Banjariya

Block, District-East Champaran, in connection with Encroachment

case no. 03 of 2022-23, by filing an appeal under Section 11 of the

Bihar Public Land Encroachment Act, 1956. Liberty so sought, is

granted.

3. It is needless to state that in case, appropriate appeal is

filed within a period of four weeks from today, the Appellate

Authority shall consider the same on merits and dispose it off, by

passing a reasoned and a speaking order, in accordance with law,

within a period of six weeks, thereafter and till then, status quo

existing as on today qua the land/ houses of the petitioners in

question shall be maintained.

4. The writ petition stands disposed off on the aforesaid

terms.

(Mohit Kumar Shah, J)

rinkee/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.08.2023
Transmission Date       NA