Petitioner challenged encroachment notice via writ petition. Respondent stated appeal lies under Act. Court disposed petition granting liberty for further remedies.
Writ petition dismissed with liberty to approach appellate authority under Section 11 of the Bihar Public Land Encroachment Act, 1956.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12552 of 2017
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Ashok Sah Son of Late Lalit Sah, Resident of Village- Banhara, P.S.Amarpur, District- Banka.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar Jha, Advocate For the State : Mr.Sajid Salim Khan -Sc25
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 19-04-2023
The present writ petition has been filed
seeking the following reliefs:-
"(i) to issue a writ, rule or direction particularly a writ in the nature of certiorari to quash the Notice issued by Circle Officer, Amarpur issued under Section 3 of Bihar Public Land Encroachment Act, 1956 on 10.9.2016 in Form-1 (Annexure-2) whereby the petitioner has been directed to vacate the land of Mauza Banbara, Thana no 328, Khata No 177, Khesra No 1323 area entire house and shop (not mentioned the area of land) when the aforesaid land has already settled in favour of the
Patna High Court CWJC No.12552 of 2017(2) dt.19-04-2023 2/3
father of Petitioner in long back and a Title Suit No 87 of 1998 is also going on between the Petitioner and the State of Bihar for the aforesaid lands.
(ii) To issue a further writ in the nature of mandamus directing and commanding the respondents to restore the possession of the petitioner on the aforesaid land which they have forcefully dispossessed whereas in terms of this Hon'ble Court's order passed in C.W.J.C.No 15767/2016, others SO called encroachers in whose lands also been vacated have been put in possession."
At the outset, the learned counsel for the respondent-State has submitted that the Circle Officer, Amarpur, District- Banka, has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 14.10.2016 in connection with Encroachment Case No.4 of 2016-17, hence, in case the petitioner is aggrieved by the same, he can prefer an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956 before the appellate authority.
Patna High Court CWJC No.12552 of 2017(2) dt.19-04-2023 3/3
Accordingly, the present writ petition stands disposed off, however, granting liberty to the petitioner to take recourse to such remedies, as are otherwise available under the law, for redressal of his subsisting grievance, if any.
(Mohit Kumar Shah, J)
kanchan/-
U
1 issue framed by the court
Whether the High Court should issue writs to quash encroachment notice and restore possession when final proceedings are pending under the Bihar Public Land Encroachment Act, 1956.
3 provisions across 1 enactments
Ashok Sah Son of Late Lalit Sah
The State Of Bihar
The Collector, Banka
The S.D.O., Sadar, Banka
The D.C.L.R., Banka
The Circle Officer Anchal Adhikari, Amarpur Anchal
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
