Writ petition challenging notices to remove encroachment. Court held that a coordinate bench directed the officer to pass final orders first. No coercive steps allowed till final order.
Petition disposed; Circle Officer directed to pass final orders under Section 6(1); no coercive steps against petitioner until then.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9777 of 2017
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Noor Mohammad Son of Late Timal Mian, Resident of Village- Kubrahi, Police Station- Kateya, Circle, Panchdeori, District- Gopalganj.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Respondent/s : Mr.Raj Kishore Roy-Gp18 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 14-11-2019 The present writ petition has been filed for quashing the notices dated 25.05.2017 and 12.06.2017 issued by the Circle Officer, Panchdeori, District Gopalganj whereby and whereunder the petitioner has been directed to remove encroachment over the land situated at Mauza- Kubrahi, Khata No. 68, Khesra No. 222, area 10 decimals, within a period of one week, failing which the encroachment shall be removed by force.
The learned counsel for the petitioner has submitted that the Circle Officer, Panchdeori, District Gopalganj has issued the aforesaid notices directly under the purported
Patna High Court CWJC No.9777 of 2017(3) dt.14-11-2019 2/3
exercise of powers vested with him under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) without passing any final orders under Section 6(1) of the Act, 1956, hence the entire action of the Circle Officer, Panchdeori, District Gopalganj vide the aforesaid notices dated 25.05.2017 and 12.06.2017 are illegal and non-est in the eyes of law.
The learned counsel for the respondents has referred to the earlier orders of this Court dated 27.02.2017 passed in CWJC No. 15562 of 2015 whereby and whereunder the Circle Officer, Panchdeori, District Gopalganj was directed to dispose of the Encroachment Case No. 10 of 2013-14 within a period of four months in accordance with the provisions of the Act, 1956, hence, it is submitted that the Circle Officer, Panchdeori, has rightly taken the steps, as aforesaid.
This Court is of the view that since a co-ordinate Bench of this Court by the aforesaid order dated 27.02.2017 had directed the Circle Officer, Panchdeori, District Gopalganj to dispose of the pending Encroachment Case No. 10 of 2013-14 in accordance with the provisions of the Act, 1956, the Circle Officer, Panchdeori, District Gopalganj was required to pass final orders under Section 6(1) of the Act,
Patna High Court CWJC No.9777 of 2017(3) dt.14-11-2019 3/3
1956, after considering the objections of the petitioner, however, the respondents have failed to bring to the notice of this Court any such final orders passed under Section 6(1) of the Act, 1956, hence this Court is of the view that the Circle Officer, Panchdeori, District Gopalganj is required to pass the final orders under Section 6(1) of the Act, 1956 in the pending Encroachment Case No. 10 of 2013-14 by considering the objections already filed or to be filed by the petitioner, for which this Court grants four weeks’ time to the petitioner to file objections, if he so desires.
Accordingly, the present writ petition stands disposed of with the aforesaid directions to the Circle Officer, Panchdeori, District Gopalganj to finally dispose of the Encroachment Case No. 10 of 2013-14 by passing the final orders under Section 6(1) of the Act, 1956 and till such final order is passed, no coercive steps shall be taken against the petitioner herein.
(Mohit Kumar Shah, J)
Tiwary/-
U
1 issue framed by the court
Whether the Circle Officer could issue notices under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 without passing final orders under Section 6(1).
Colour shows how this judgement treated each authority
CWJC No. 15562 of 2015Referred¶18
2 provisions across 1 enactments
Noor Mohammad
State of Bihar
District Magistrate, Gopalganj
Sub-Divisional Officer, Gopalganj
Circle Officer, Panchdeori Circle, Gopalganj
Aas Mohammad
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
