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Biphan Dusadh v. The State Of Bihar and Ors.

Patna HC2 Feb 2015CWJC/23660/2013

Case brief

AI extract

What is this about?

Petitioner challenged an eviction notice issued under Bihar Public Land Encroachment Act pursuant to an order which was under appeal. The Court held that eviction proceedings cannot proceed while the appeal challenging the underlying order is pending and directed the authority to wait.

What did the court decide?

Directed the 6th respondent not to proceed further till the appeal against the order dated 13.8.2013 is disposed of.

Biphan Dusadh Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.23660 of 2013

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=========================================================== Biphan Dusadh, son of Late Ugar Dusadh, resident of Village- Kaler, P.S.- Magadh Medical College, Gaya, District- Gaya.

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.... .... Petitioner/s Versus 1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Collector, Gaya. 4. The Additional Collector, Gaya.

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The Deputy Collector, Land Reforms, Sadar, Gaya. 6. The Anchal Adhikari, Nagar, Gaya. 7. Anugrah Narayan Magadh Medical College, Through Its Principal, P.S.- Magadh Medical College, District- Gaya.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Birju Prasad, Advocate For the Respondent/s : Mrs. Neelu Agrawal, G.A.-6 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

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And

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HONOURABLE MR. JUSTICE VIKASH JAIN

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ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-02-2015

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The petitioner challenges notice dated 06.11.2013 issued under the provisions of the Bihar Public Land Encroachment Act, by the Circle Officer, Nagar, Gaya- 6^th respondent herein. His grievance is that the Deputy Collector, Land Reforms, Sadar, Gaya, the 5^th respondent herein, passed an order dated 13.8.2013 correcting the service records to his detriment and even while an appeal filed against it is pending before the Commissioner, Magadh Division, Gaya, the impugned order was issued.

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Patna High Court CWJC No.23660 of 2013 dt.02-02-2015

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2/2

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Heard Shri Birju Prasad, learned counsel for the petitioner and Smt. Neelu Agrawal, learned G.A.-6, for the respondents.

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The basis for the 6^th respondent to issue the impugned order appears to be the order dated 13.8.2013 passed by the 5^th respondent. Once an appeal is pending before the competent authority against the order, it is not at all permissible for the 6th respondent to evict the petitioner.

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We, therefore, dispose of the writ petition directing that the 6^th respondent shall not proceed further till the appeal preferred against the order dated 13.8.2013 is disposed of by the appellate authority.

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(L. Narasimha Reddy, CJ)

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Sunil/-

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(Vikash Jain, J)

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Biphan Dusadh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Biphan Dusadh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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