Court granted liberty to petitioners to file objections within four weeks regarding an encroachment notice under 1956 Act. Directs no coercive action pending final order and invalidates previous orders against petitioners.
Liberty granted to file objections within four weeks; no coercive action allowed pending final order; prior orders quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19555 of 2019
======================================================
Versus
... ... Respondent/s
======================================================
Appearance : For the Petitioner/s : Mr.Kumar Dhirendra Pratap Singh, Adv. For the Respondent/s : Mr.Abhoy Kumar Kashyap, AC to G.P.18 For Intervenor/ Respondents: Mr. Umesh Kumar Mishra, Adv. ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 05-11-2019
Though, the petitioners had challenged the notice dated 03. 07. 2019 issued by the District Magistrate, Gaya under Section 6 (2) of the Bihar Public Land Encroachment Act, 1956, especially on the ground that the District Magistrate is not the appropriate authority under the Bihar Public Land Encroachment Act, 1956 and the appropriate authority under the said Act for initiating encroachment proceedings and removal of the encroachment made over the public land is the concerned Circle Officer, however, it appears from the counter affidavit filed by the respondent State that during the interregnum period, the said mistake has been
Patna High Court CWJC No.19555 of 2019(3) dt.05-11-2019 2/3
rectified and a notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 has been issued to the petitioner in connection with Encroachment Case No. 1 of 2019/ 2020, nonetheless, it appears that no opportunity has been granted to the petitioners to file their objections.
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to file their objections in pursuance to the aforesaid said notice, annexed as Annexure-B to the counter affidavit, within a period of four weeks from today, whereafter the Circle Officer, Atari, Gaya shall pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after considering the objections of the petitioners and other concerned effected persons.
It is made clear that in case no objection is filed by the petitioners within a period of four weeks from today, the Circle Officer, Atari, Gaya shall be free to pass ex-parte orders.
It is needless to state that any order passed by the Circle Officer, Atari, Gaya, as against the petitioners herein, earlier to today, shall have no force. It is further directed that till passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, no coercive action shall be taken against the petitioners herein.
Patna High Court CWJC No.19555 of 2019(3) dt.05-11-2019 3/3
The writ petition stands disposed of on the aforesaid
terms.
(Mohit Kumar Shah, J)
Tiwary/-
U
2 issues framed by the court
Whether the petitioners are entitled to an opportunity to file objections before the final order under the Act is passed after a notice was issued by the Circle Officer.
Whether any coercive action shall be taken against the petitioners pending the passage of the final order regarding the encroachment.
2 provisions across 1 enactments
Bachhunarayan Chaudhary
Baijnath Chaudhary
State of Bihar
The Commissioner, Magadh Division
The District Magistrate, Gaya
The Sub Divisional Magistrate, Nimchak Bathni
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
