Single judge allowed a petition for interim protection during the appeal period against a notice to remove encroachment, granting an 8-week reprieve from coercive action.
Liberty to file appropriate appeal against the order dated 19.07.2021 and a period of eight weeks during which no coercive action shall be taken against the petitioner.
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.11265 of 2022
======================================================
Ram Pravesh Roy Son of Late Akal Roy, Resident of Village and P.O.Konaila, Police Station- Dalsingsarai, District- Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Lakshmindra Kumar Yadav, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
quashing the notice dated 11.03.2022, issued by the Circle Officer, Dalsingsarai, Samastipur in connection with Encroachment case no. 18 of 2011-12, whereby and whereunder the petitioner has been directed to remove the encroachment in question, however, the learned counsel for the respondent- State has filed a counter affidavit as also has handed over a copy of the order dated 19.07.2021, passed by the Circle Officer,
Patna High Court CWJC No.11265 of 2022(2) dt.19-06-2023 2/2
Dalsingsarai under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, to this Court, which has been taken on record, wherein it has been held that 09 persons have encroached the land in question, which is a public land.
In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 19.07.2021, passed by the Circle Officer, Dalsingsarai, by filing appropriate appeal, however seeks some protection during the interregnum period.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with liberty to the petitioner to challenge the aforesaid order dated 19.07.2021, by filing appropriate appeal. It is needless to state that for a period of eights weeks from today, no coercive action shall be taken against the petitioner, so as to enable him to file appropriate appeal.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
rinkee/-
U
1 issue framed by the court
Whether any coercive action shall be taken against the petitioner during the interregnum period while he files an appeal against the notice dated 19.07.2021.
Ram Pravesh Roy
The State of Bihar through the Chief Secretary, Government of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
