Writ petition seeking restraint on demolition of petitioner's house. Court disposed matter granting liberty to file appeal against order dated 18.11.2017, status quo maintained till appeal disposal within timelines.
Liberty to file appeal within eight weeks; status quo maintained till appeal disposal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17966 of 2022
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Urmila Devi Wife of Nawal Kishore Sharma, Resident of Village- Baruna, Sihuli, Police Station- Rafiganj, District- Aurangabad.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Shashank Shekhar, Advocate For the Respondent/s : Mr.Rishi Raj Sinha (Standing Counsel-19) Mr. Atul Kumar, AC to Standing Counsel-19
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
At the outset, the learned counsel for the respondent-State seeks to file a counter affidavit which is taken on record.
The present writ petition has been filed for restraining the respondents from demolishing the residential house of the petitioner in the garb of an order passed in connection with Encroachment Case No. 15 of 2017-18.
The learned counsel for the petitioner has
Patna High Court CWJC No.17966 of 2022(3) dt.17-03-2023 2/3
submitted that the petitioner has already preferred a title suit bearing Title Suit No. 9 of 2018, which is pending before the learned Court of Sub-Judge-I, Aurangabad, Bihar. It is also submitted that the encroachment proceedings, as aforesaid, have been initiated against the husband of the petitioner whereas the land in question belongs to the petitioner, nonetheless, it is submitted that the petitioner be granted liberty to prefer an appeal against the final order dated 18.11.2017, passed by the Circle Officer, Rafiganj, District-Aurangabad, Bihar in connection with Encroachment Case No. 15 of 2017-18 and during the interregnum period, the petitioner be granted some protection.
Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to file appropriate appeal against the aforesaid order dated 18.11.2017 before the appellate authority and in case such an appeal is filed within a period of eight weeks from today, the same shall be heard on merits and disposed off in
Patna High Court CWJC No.17966 of 2022(3) dt.17-03-2023 3/3
accordance with law within a period of six weeks, thereafter and till then status quo existing as on today qua the residential house of the petitioner in question shall be maintained.
(Mohit Kumar Shah, J)
S.Sb/-
U
3 issues framed by the court
Whether to restrain respondents from demolishing petitioner's residential house pending title suit and appeal.
Whether to grant liberty to petitioner to file appeal against order dated 18.11.2017 Encroachment Case No. 15 2017.
Whether to maintain status quo regarding residential house during pendency of appeal.
1 provisions across 1 enactments
Urmila Devi Wife of Nawal Kishore Sharma
State of Bihar through Principal Secretary, Land Reforms Department, Government of Bihar, Patna
District Magistrate-cum- Collector, Aurangabad
Superintendent of Police, Aurangabad
Sub-Divisional Officer, Aurangabad
District Collector Land Reforms, Aurangabad
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
