Single judge oral order granting liberty to petitioners to file an appropriate appeal against an eviction order under the Bihar Public Land Encroachment Act, 1956. The writ petition is disposed of on the terms of allowing this appeal.
Liberty granted to file appropriate appeal; Writ petition disposed of on the terms of the granted liberty.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11788 of 2013
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Binod Kumar Singh, Adv. For the Respondent/s : Mr.Sunil Kr. Mandal, SC-3 Mr. Bipin Kumar, AC to SC-3
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 16-03-2023 The present writ petition has been filed seeking the
following reliefs:-
Patna High Court CWJC No.11788 of 2013(5) dt.16-03-2023 2/3
“1(I). That the present writ application is being filed for issuance of an appropriate writ order/ direction(s) in the certiorari for quashing the order dated 8.6.2013 passed by the Circle Officer, Kudra, respondent no-4 by which the respondent no. 4 has been pleased to direct the petitioners to vacate the public land at Mauza-Jehanabad(Kudra), Khata No809, Khesra-1393, area-0.81 decimals by dated 24.6.2013 which is anabad sarvasadharan land as because the same land is public land under Bihar Public Land Encroachment Act, 1956 under section-2, sub-section-5 (herein referred as "the Act") otherwise by They means of force they will be evicted.
(II). That the present application is being filed for appropriate writ order/ direction(s) to the respondent authorities particularly respondent no. 1 and 4 to settle the above land in favour of the petitioners over which the petitioners are running their respective business peacefully over last 20 years as they have not encroached the road land nor they have encroached the land of the kabristan in any manner and in fact the present land upon which the shops are existing are situated outside of the kabristan and back of the general nala (sewerage).”
At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appropriate appeal against the order dated 8.6.2013, passed by the Circle
Patna High Court CWJC No.11788 of 2013(5) dt.16-03-2023 3/3
Officer, Kudra. Liberty, so sought, is granted.
It is needless to state that in case, appropriate appeal
is filed within a period of two weeks from today, the same shall be considered on merits by the appellate authority and disposed off forthwith, in accordance with law.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether the writ petition regarding quashing of eviction order and settlement of land should be disposed of within the context of the liberty granted for appropriate appeal.
1 provisions across 1 enactments
Anil Mali Son Of Late Badri Mali And Others
The State Of Bihar Through District Magistrate, District- Kaimur At Bhabhua And Others
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
