In this writ petition, the Court granted liberty to petitioners to challenge a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. Status quo was maintained for four weeks.
Liberty granted to challenge the order dated 25.01.2024 under Section 11 of the Act, 1956 maintaining status quo for four weeks.
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.2341 of 2024
======================================================
... ... Petitioners
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Ravish Mishra, Advocate For the Respondent/s : Standing Counsel 6 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
quashing the order/notice dated 19.01.2024, issued by the Circle Officer, Jagdishpur, i.e. the respondent no.3, in connection with Encroachment Case No. 46 of 2023-24, however, at the outset, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case, that the Circle Officer, Jagdishpur has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) on
Patna High Court CWJC No.2341 of 2024(3) dt.09-12-2024 2/2
25.01.2024, hence in case the petitioner is so aggrieved, he may file appropriate appeal under Section 11 of the Act, 1956.
(Mohit Kumar Shah, J)
Suruchi/-
U
1 issue framed by the court
Whether liberty should be granted to challenge the order dated 25.01.2024 by maintaining status quo for four weeks to enable filing of appeal under Section 11.
2 provisions across 1 enactments
Rupa Devi
Pramod Kumar Mandal
Rani Devi
The State of Bihar
The Collector -cum-District Magistrate, Bhagalpur
The Circle Officer Jagdishpur
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
