Allowed

Jai Lal Sah and Ors. v. The State Of Bihar and Ors.

Patna HC15 Nov 2019CWJC/2487/2014

Case brief

AI extract

What is this about?

This Court quashed a notice for removal of encroachment issued by the Circle Officer, Baisi, without a prior Section 3 notice or adherence to the procedural requirements of the Bihar Public Land Encroachment Act, 1956, allowing the writ petition.

What did the court decide?

The notice dated 16.01.2014 issued by the Circle Officer, Baisi, was quashed and allowed to be set aside.

Jai Lal Sah and Ors. Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2487 of 2014

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======================================================

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Jai Lal Sah S/O Late Achchhe Lal Sah Resident Of Village - Baisi Chouck, P.O. and P.S. Baisi, District - Purnia

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Mahesh Sah S/Olate Ram Briksh Sah Resident Of Village - Baisi Chouck, P.O. and P.S. Baisi, District - Purnia

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Ram Bilash Sah S/O Late Achchhe Lal Sah Resident Of Village - Baisi Chouck, P.O. and P.S. Baisi, District - Purnia

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... ... Petitioner/s

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Versus

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The State of Bihar 2. The Collector, Purnia, District - Purnia 3. The Circle Officer, Baisi, P.S. Baisi, Distt. Purnia

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The Head Master, Baisi High School Baisi, P.S. Baisi, District - Purnia

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sushanta Kumar Das For the Respondent/s : Mr.Purnendu Singh, GP-27 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 15-11-2019 The present writ petition has been filed for quashing the notice dated 16.01.2014 issued by the Circle Officer, Baisi, District-Purnia, whereby and whereunder the petitioners have been directed to remove the encroachment in question.

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The learned counsel for the petitioner has submitted that neither any proceeding under the provision of the Bihar Public Land Encroachment Act, 1956 has been initiated against the petitioners nor any notice under Section 3 of the Act, 1956 has been issued nor the procedure enshrined under Section 5 of the Act, 1956 has been followed nor any final order under

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Patna High Court CWJC No.2487 of 2014(4) dt.15-11-2019 2/2

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Section 6(1) of the Act, 1956 has been passed so as to warrant any action against the petitioners for removal of encroachment in question, hence the impugned order dated 16.01.2014 is illegal, without jurisdiction and fit to be set aside.

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Per contra, the learned counsel for the respondent State is not in a position to deny the aforesaid contention of the petitioners to the effect that no proceeding has been initiated under the provisions of the Bihar Public Land Encroachment Act, 1956 and straightaway a notice for removal of encroachment in question has been issued by the Circle Officer, Baisi, DistrictPurnia which is dated 16.01.2014.

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Having regard to the facts and circumstances of the case and for the reasons discussed herein above, this Court is of the view that the notice dated 16.01.2014 issued by the Circle Officer, Baisi, District-Purnia is illegal and dehors the provisions of the Act, 1956, hence is quashed. The writ petition is allowed. However, liberty is granted to the Circle Officer, Baisi, DistrictPurnia to proceed further in the matter in accordance with the provisions of the Bihar Public Land Encroachment Act, 1956.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Jai Lal Sah and Ors. v. The State Of Bihar and Ors.

Case brief

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Jai Lal Sah and Ors. v. The State Of Bihar and Ors.

Case brief

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