Disposed
Sudha Devi @ Sudha Kumar v. The State of Bihar
Patna HCCWJC/6174/2023
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from the order text
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6174 of 2023
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Sudha Devi @ Sudha Kumar Wife of Late Amresh Kumar, Resident of Defence Colony, Shahpur, P.S. Shahpur, District- Patna.
... ... Petitioner/s
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Viveka Nand Singh For the Respondent/s : Mr.Raj Kishore Roy ( Gp 18 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 20-06-2023
Though the present writ petition has been filed for quashing the notice dated 19.4.2023, issued by the Circle Officer, Danapur, in connection with Encroachment Case No. 9 of 2022-23, however, the learned counsel for the RespondentState has filed a counter affidavit, wherein an order dated 30.12.2022, passed by the Circle Officer, Danapur, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 9 of 2022-23, has been brought on record.
In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 30.12.2022, passed by the Circle
Patna High Court CWJC No.6174 of 2023(3) dt.20-06-2023 2/2
Officer, Danapur, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, however, seeks some protection during the interregnum period.
Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off of the present writ petition with liberty to the petitioner to file appropriate appeal, challenging the aforesaid order dated 30.12.2022 and in order to enable her to file the said appeal and seek interim orders, I direct that status quo, existing as on today, qua the land / house of the petitioner in question, shall be maintained for a period of four weeks from today.
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether to dismiss the writ petition with liberty to challenge the Section 6(1) order by way of an appeal.
2 provisions across 1 enactments
Sudha Devi @ Sudha Kumar
State of Bihar
District Magistrate, Patna
Sub-Divisional Magistrate, Danapur
Circle Officer, Danapur
Mohit Kumar Shah
As recorded by the court registry
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