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2021 Supreme(Pat) 1100

PARTHA SARTHY
Ravindra Nath @ Ravindra Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Puneet Siddhartha, Aryan Sinha.
For the Respondents: M/s Md.Nadim Seraj, Shailesh Kumar.

Partha Sarthy, J.—Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners have filed the instant application for restraining the respondent authorities from demolition of the property of the petitioners which have been marked for demolition in an arbitrary manner and to restrain them from taking any coercive steps relating to demolition during pendency of the instant case.

3. The case of the ten petitioners in brief are that each of them purchased a piece of land, details of which have been given in the writ application through registered sale deeds which have also been brought on record. The petitioners did not receive any notice as contemplated under section 3 of the Bihar Public Land Encroachment Act, however, they were surprised that their respective properties were marked by the respondents for demolition, showing them to be encroachment.

4. I.A. no. 01 of 2020 was filed by the petitioners praying therein for stay of demolition of the property of the petitioners. By order dated 29.06.2020, it was directed that the parties shall maintain status quo as on the said date.

5. A counter affidavit was filed on behalf of the respondent nos. 2 to 5 t

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