Disposed

Suresh Sah @ Ram Suresh Sah v. The State of Bihar

Patna HC19 Jun 2023CWJC/16044/2022

Case brief

AI extract

What is this about?

Single judge disposed of the writ petition granting liberty to the petitioners to appeal the impugned order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, and to subsequently claim compensation for demolition if the appeal succeeds. Directions issued to the appellate authority.

What did the court decide?

Liberty granted to file appeal under Section 11 Bihar Public Land Encroachment Act, 1956 and to raise compensation issue afterwards.

Suresh Sah @ Ram Suresh Sah Vs The State of Bihar — Land Acquisition | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16044 of 2022

¶2

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

¶3

Suresh Sah @ Ram Suresh Sah son of Late Gopi Sah Resident of Village and Post- Sakari, P.S. Kudra, District- Kaimur at Bhabua.

¶4

Vijay Kumar son of Sri Suresh Sah @ Ram Suresh Sah, Resident of Village and Post- Sakari, P.S. Kudra, District- Kaimur at Bhabua.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar through the District Collector, Kaimur at Bhabua.

¶8

The District Collector, Kaimur at and District- Kaimur at Bhabua.

¶9

The Superintendent of Police, Kaimur, at and District- Kaimur at Bhabua.

¶10

The Anchal Adhikari, Anchal and P.S. Kudra, District- Kaimur at Bhabua.

¶11

... ... Respondent/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr.Anjani Kumar Sinha No.1, Advocate For the State : Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶13

2 19-06-2023 After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 16.06.2022, passed by the Circle Officer, Kudra, District-Kaimur at Bhabua under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 by filing appropriate appeal, as also seeks liberty to raise the issue of grant of compensation for illegal demolition of his residential house, after he succeeds in the appeal to be filed by the petitioners.

¶14

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioners to file an appeal under

¶15

Patna High Court CWJC No.16044 of 2022(2) dt.19-06-2023 2/2

¶16

Section 11 of the Bihar Public Land Encroachment Act, 1956, challenging the aforesaid order dated 16.06.2022 and in case such an appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks, thereafter.

¶17

It is needless to state that depending on the result of the appeal to be filed by the petitioners, the petitioners would be at liberty to raise the issue of compensation.

¶18

The writ petition stands disposed off on the aforesaid

¶19

terms.

¶20

(Mohit Kumar Shah, J)

¶21

kanchan/-

¶22

Suresh Sah @ Ram Suresh Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Sah @ Ram Suresh Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arbaz Asfar Khan Vs The State of Bihar

Akbar Ali Vs the State of Bihar

Suman Kumari Vs The State of Bihar

Ram Vilash Paswan Vs The State of Bihar

Muni Sah Vs The State of Bihar

Malti Devi Vs The State of Bihar