The Patna High Court dismissed the petitioner's writ petition, holding that the matter should be pursued through the statutory appeal mechanism under Section 11 of the Bihar Public Land Encroachment Act.
The writ application stands disposed of; liberty granted to approach the appellate forum under Section 11 of the Act.
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.7124 of 2019
======================================================
Hakim Baitha S/o Late Teti Baitha Resident of Baisa (Pipra Baisa) P.S. Parbatta, District- Khagaria.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh For the Respondent/s : Mr. Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 09-04-2019 Heard learned counsel for the petitioner and the
Patna High Court CWJC No.7124 of 2019(2) dt.09-04-2019 2/2
Having regard to the statutory provisions of appeal under Section 11 of Bihar Public Land Encroachment Act against the order passed by the Circle Officer, the court is not inclined to entertain the present application. However, liberty shall be available to the petitioner to approach the appropriate forum in terms of Section 11 of the Act.
With the aforesaid, the present writ application stands disposed of.
(Anil Kumar Upadhyay, J)
mdrashid/-
U
1 issue framed by the court
Whether the High Court should entertain the writ application regarding challenges to the order passed by the Circle Officer under the Bihar Public Land Encroachment Act.
1 provisions across 1 enactments
Hakim Baitha S/o Late Teti Baitha
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar
Md. Manjurul Haque S/o Abdul Ali
Md. Mahirul Haque S/o Mojahirul Haque
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
