The High Court granted the petitioner liberty to file an appropriate appeal against a final order of alias eviction under Section 6(1) of the Bihar Public Land Encroachment Act, respecting a quashing petition.
Liberty granted to file appropriate appeal against order dated 18.10.2021; status quo maintained till appellate order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14053 of 2022
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Rajesh Kumar S/o Sitaram Singh, Resident of Village- Shubhankarpur, P.S.Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ S.K., Advocate For the Respondent/s : Mr.Md. Khurshid Alam (Aag12) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 06-12-2022
Though the present writ petition was filed for quashing the notice dated 23.08.2022, passed by the Circle Officer, Marwan, Muzaffarpur i.e. the respondent no. 4, in connection with Encroachment case no. 01 of 2022-23, however, the learned counsel for the respondent State has filed a counter affidavit, wherein the final order dated 18.10.2021, passed by the respondent no. 4 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been brought on record, hence, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the same, by filing
Patna High Court CWJC No.14053 of 2022(3) dt.06-12-2022 2/2
appropriate appeal. Liberty so sought, is granted.
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 pass a reasoned and a speaking order and till then, status quo existing as on today qua the land/ house of the petitioner in question, shall be maintained.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
rinkee/-
U
2 issues framed by the court
Whether the petitioner is granted liberty to challenge the final order dated 18.10.2021 via an appropriate appeal.
Whether status quo should be maintained pending the appellate outcome.
1 provisions across 1 enactments
Rajesh Kumar S/o Sitaram Singh
State of Bihar through Collector Cum District Magistrate, Muzaffarpur
Deputy Land Reform Collector (D.C.L.R) West, Muzaffarpur
Sub-Divisional Magistrate (West), Muzaffarpur
Circle Officer, Marwan Circle, Muzaffarpur
Braj Mohan Thakur S/o Late Raghunath Thakur
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
