DIGVIJAY NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar, learned counsel for the petitioner and Mr. Raj Kishore Roy, GP-18 for the State.

(2.) The petitioners have approached before this court seeking quashing of the notice dtd. 4/1/2020, whereby the Circle Officer, Morwa, Samstipur, has directed the petitioners to ensure the removal of possession over the land pertaining to Khata No. 415 (old), Khesara/Plot No.-1108 and 1103, Area 35.5 decimals, situtated at Mauza- Banvira, Thana No.342. In compliance to the order of this Court dtd. 19/4/2023, a counter affidavit has been filed on behalf of the Respondent No.2 the District Magistrate, Samastipur and categorical assertion has been made that final order under Sec. 6 (1) of the Bihar Public Land Encroachment Act, has already been passed by the Circle Officer, Morwa, district Samstipur in connection with the Encroachment Case No. 22 of 2019-20.

(3.) It is submitted on behalf of the petitioner that earlier status quo was granted by this Court vide order dtd. 19/4/2023, and he undertakes that he would be filing appeal within a period of four weeks and till that time the status quo, existing as on date quo the land/house of the petitioner in question be maintained. In view thereof, the present writ application stands disposed of with a liberty to the petitioners to assail the order of the Circle Officer, Morwa, Samstipur, if found aggrieved, before the appropriate authority.