Single judge oral order granting liberty to petitioner to file appeal on photocopy and directing status quo of land/houses for six weeks before disposing writ petition.
Liberty to file appeal on photocopy; status quo of land/houses maintained for six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7690 of 2024
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Prashant Prakash, Advocate For the State : Mr.Rajeshwar Singh, GA-10 Mr.Jitendra Kumar, AC to GA-10 For Private Respondent : Mr.Nitesh Kr. Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 27-08-2024
following relief(s):-
“1(i) For issuance of writ/order/direction in the nature of a writ of certiorari for setting aside the impugned notice dated 29.12.2023, issued by (Annexure-8 series) the Circle Officer, Madhepur i.e. the respondent No.4
Patna High Court CWJC No.7690 of 2024(3) dt.27-08-2024 2/4
herein declaring the same as illegal and null and void.
(ii) For issuance of writ/order/direction in the nature of a writ of mandamus directing the respondent No. 4 to decide the Encroachment case No. 4/2016-17 afresh in accordance with the provisions contained in the Bihar Public Land Encroachment Act, 1956 and by following the principles of natural justice and the well settled principles of law.
(iii) For issuance of writ order or direction in the nature of a writ of mandamus directing the respondents No.2 to 5 not to take any action against the petitioners on the basis of the impugned notice dated 29.12.2023.
(iv) Direct the concerned officer to initiate an enquiry as to how and why the Respondent No.4 issued the impugned notice i.e. 29.12.2023 to the petitioners without granting an opportunity to them of being heard and why the order was not passed under section 6 (1) of the Bihar Public Land Encroachment Act, 1956 in the Encroachment Case No. 4/2016-17.
(v) For declaring the action of the respondents as illegal and not sustainable in the eyes of law.
(vi) For Staying the operation/execution of the impugned notice dated 29.12.2023 of the Circle Officer, Madhepur during the pendency of the writ application.”
Patna High Court CWJC No.7690 of 2024(3) dt.27-08-2024 3/4
Patna High Court CWJC No.7690 of 2024(3) dt.27-08-2024 4/4
period of six weeks from today, status quo existing as on today, qua the land/houses of the petitioners in question shall be maintained.
aforesaid terms.
(Mohit Kumar Shah, J)
Saurav/-
U
1 provisions across 1 enactments
Shri Bhagwan Jee Jha and others
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
