Disposed

Baban Jee Dubey v. The State Of Bihar and Ors.

Patna HC14 Jan 2016CWJC/16159/2015

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition without adjudicating merits. The petitioner was directed to file an appeal against the final order under the Bihar Public Land Encroachment Act, 1956 within four weeks. Status quo of the land was maintained until the appeal decision.

What did the court decide?

Petitioner granted four weeks to file an appeal; status quo maintained on the concerned land pending the appellate proceedings.

Baban Jee Dubey Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16159 of 2015

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Baban Jee Dubey, son of Late Ram Nagina Dubey, resident of VillageLakhan Dihara, P.S.- Dumraon, District- Buxar.

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.... .... Petitioner

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Versus 1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

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The District Magistrate, Buxar.

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The Deputy Collector, Land Reforms, Dumraon, Buxar.

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The Sub-Divisional Officer, Dumraon, Buxar.

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The Circle Officer, Dumraon, Buxar.

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Gupteshwar Dubey, son of late Sudama Dubey, Resident of VillageLakhan Dihara, P.S.- Dumraon, District- Buxar.

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.... .... Respondents ====================================================== Appearance :

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For the Petitioner : Mr. Rana Ishwar Chandra, Advocate For the State : Mr. K.K. Jha- Aag14 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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2 14-01-2016 In view of the limited prayer made at the time of hearing, this writ application is being disposed of, without going into the merit of the case, granting opportunity to the petitioner to avail the statutory remedy of appeal against the final order passed under the Bihar Public Land Encroachment Act, 1956 within a period of four weeks.

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Till then, let the status quo as existing today upon the concerned land be maintained.

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However, if the petitioner fails to file the appeal within the aforesaid period then the authority concerned would be

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Patna High Court CWJC No.16159 of 2015 (2) dt.14-01-2016

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at liberty to proceed in accordance with law. If the petitioner files an appeal then after the aforesaid period, he would be required to obtain interim relief from the appellate authority itself. If such issue is raised before the appellate authority, it will decide the same without being prejudiced by the order passed by this Court. The appeal would be required to be disposed of expeditiously on its own merit and in accordance with law.

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(Dr. Ravi Ranjan, J)

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Sanjay-II/-

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Baban Jee Dubey v. The State Of Bihar and Ors.

Case brief

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Baban Jee Dubey v. The State Of Bihar and Ors.

Case brief

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