The High Court disposed of a writ petition challenging a notice to remove encroachment on public land. No opportunity of hearing was afforded. The Court ruled that the writ petition is disposed of, granting the petitioner liberty to exhaust the statutory remedy of appeal.
Liberty to exhaust the remedy of appeal so provided under the Act.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21490 of 2014
======================================================
All residents of village-Chailaha, P.S. Harsidhi, District-East Champaran, (Motihari)
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance:
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Respondent/s : Mr. A. Ujjwal, SC-25
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
2 16-12-2014 The petitioners have sought to question the notice dated 22.11.2014 issued by the Circle Officer, Banjariya, District-East Champaran at Motihari whereby the petitioners have been directed to remove encroachment from the land bearing khata no. 547, khesra no. 2033 situated in Mauja Chailaha, Circle-Banjariya, District-East Champaran inter alia on grounds that it is a public road.
Although it is the contention of Mr. Dhurendra Kumar,
Patna High Court CWJC No.21490 of 2014 (2) dt.16-12-2014
2
learned counsel appearing on behalf of the petitioners that the notice of removal of encroachment has been issued without affording any opportunity to the petitioners but taking note of the provisions of Section 11 of the Bihar Public Land Encroachment Act, 1956, the writ petition is disposed of affording liberty to the petitioner to exhaust remedy of appeal so provided under the Act.
With the observations aforementioned, the writ petition is disposed of.
The petitioners would be at liberty to pray for interim relief before the appellate authority.
(Jyoti Saran, J)
S.Sb/-
U
2 issues framed by the court
Whether a notice to remove encroachment issued without an opportunity of hearing violates the principles of natural justice.
Whether the petitioner can be relieved to exhaust the remedy of appeal available under Section 11 of the Bihar Public Land Encroachment Act, 1956.
1 provisions across 1 enactments
Bhagwat Bhagat and Others
The State of Bihar
The District Magistrate-cum-Collector, East Champaran
The Sub-Divisional Officer, Banjariya
The Deputy Collector Land Reforms, Banjariya
The Circle Officer, Banjariya
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
