Writ petition challenging a Circle Officer's demolition notice in an encroachment case. State counsel conceded a civil court had directed status quo and barred coercive removal pending disposal of the title suit; the writ petition was accordingly disposed of on that concession.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9144 of 2023
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Kamata Singh @ Kamta Yadav Son of Late Ramchela Yadav Resident of Village- Naugdh, Paschim Pattty, P.S- Bhagwanpur, Post- Kharenda, DistKaimur(Bhabhua)- Bihar 821102.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Priyajeet Pandey, Advocate For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
following relief(s):-
“1(a) For issuance of writ in the nature of Certiorari to quash the notice dated 12.04.2023 (As contained in Annexure-8) passed by the Circle Officer, Bhagwanpur (Kaimur) in Encroachment Case No.16/201718, where by and where under the learned Circle Officer has notified that the construction made over the disputed land (home of the petitioners since last 40-45 years) will be demolished on 19.04.2023.”
Patna High Court CWJC No.9144 of 2023(3) dt.03-09-2024 2/2
respondent-State has not disputed the fact that the learned Court of Munsif, Kaimur at Bhabhua, by an order dated 14.12.2021, passed in Title Suit No.42 of 2018, filed by the petitioner and others, has passed an order directing the parties to maintain status quo, as also has directed the defendants i.e. the respondents herein, not to take any coercive action for the purposes of removal of the house, which is standing on the suit land, hence it is submitted that till the disposal of the title suit or till the aforesaid order dated 14.12.2021 is vacated, which ever may be earlier, no coercive action shall be taken against the petitioner.
(Mohit Kumar Shah, J)
Saurav/-
U
1 issue framed by the court
Whether the Circle Officer's demolition notice could stand given the Munsif's order of 14.12.2021 directing status quo and restraining coercive action in the pending title suit.
Kamata Singh @ Kamta Yadav
The State of Bihar through the Principal Secretary, Department of Land Reforms and Revenue, Bihar at Patna
The Principal Secretary, Department of Land Reforms and Revenue, Government of Bihar, Secretariat, Patna
The District Magistrate, Kaimur at Bhabhua
The Circle Officer, Bhagawanpur (Kaimur at Bhabua)
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
