Sri Lal Babu Sao v. State Of Jharkhand Through Circle Officer
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COURT OF JHARKHAND, RANCHI W. P. (C) No.…
COURT OF JHARKHAND, RANCHI W. P. (C) No.…
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IN THE HIGH COURT OF JHARKHAND, RANCHI
W. P. (C) No. 5255 of 2013
Sri Lal Babu Sao
..... Petitioner(s)
Versus State of Jharkhand through Circle Officer, Jharia, Dhanbad
…. Respondent(s)
CORAM: HON’BLE MR. JUSTICE R. R. PRASAD
For the Petitioner(s) : M/s S. K. Laik, Tapas Kabiraj, Advocates. For the Respondent : J.C. to G.P.I -----
04 /02.07.2014. Heard the parties.
This petition has been filed against the order dated 10.08.2013 passed in connection with Encroachment Case No.4 of 2011-12 by the Circle Officer, Jharia whereby and whereunder the petitioner has been ordered to be evicted from a piece of land appertaining to Khata No.145, Plot No.3064 measuring an area of 40 X 20 square feet situated in Mauza :- Zora Pokhar. Instead of preferring an appeal as prescribed under Section 11 of the Bihar Public Land Encroachment Act, this Writ Petition has been filed.
Since statutory remedy is available to the petitioner, I am not inclined to entertain this Writ Petition and hence, this petition is permitted to be withdrawn with a liberty to the petitioner to prefer an appeal by 17.07.2014 before an appropriate authority and on filing of such appeal, if it is found to be time barred, the matter relating to condonation of delay in filing of limitation petition be decided in accordance with law after taking into consideration the period which got consumed in pursuing this Writ Petition.
Till 17.07.2014, the petitioner above-named shall not be evicted in connection with Encroachment Case No.4 of 2011-12.
Accordingly, this Writ petition stands disposed of,.
(R. R. Prasad, J.)
Sandeep/
1 provisions across 1 enactments
Sri Lal Babu Sao
State of Jharkhand through Circle Officer, Jharia, Dhanbad
R. R. Prasad
As recorded by the court registry
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