The High Court issued an oral order directing the appellate authority to dispose of the pending encroachment appeal (No. 2 of 2022) within six weeks after hearing affected parties, enabling further action for removing illegal encroachment on public land.
Direction to appellate authority to dispose pending encroachment appeal No. 2 of 2022 within six weeks.
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.1691 of 2023
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Md. Naushad Alam Son of Md. Adam Khan @ Md. Adam, resident of village - Barmotara, Ward No. 01, P.S. - Balua Bazar, District - Supaul.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 05-04-2023 The present writ petition has been filed seeking the
following relief:-
“1. That this application is being preferred for issuance of appropriate order/orders, direction/ directions, writ(s), preferably in the nature of Mandamus, commanding and directing the Respondents authorities concerned to remove the illegal encroachment from the public land/Rasta of Mauza- Arraha, Thana No.73, Khesra No.1429 which is Gaimazarua Aam land and being used by the petitioner for his in-grace and out-grace through the said public land but some anti-social person has illegally been encroached the same by making illegal construction over the same and despite initiating the Encroachment proceeding
Patna High Court CWJC No.1691 of 2023(3) dt.05-04-2023 2/3
bearing Encroachment Case No. 04/2021-22 at the instance of petitioner, issuing notices, order passed by the Circle Officer, Raghopur and SubDivisional Officer, Birpur and even appointing the Magistrate with police force twice to remove the said illegal encroachment in question vide Memo No. 1242-2 dated 10.10.2022 jointly by the SubDivisional Police Officer as well as SubDivisional Officer, no final conclusion reached to its logical end as encroachment in question is still there, as a result of which petitioner is facing great difficulty in his in-grace and out-grace. And/or any other order(s), direction(s) for granting any other relief/reliefs which this Hon'ble Court may think fit. and proper in the facts and circumstances of this case.”
The learned counsel for the Respondent-State has filed a counter affidavit, duly sworn by the District Magistrate, Supaul, wherein it has been stated that on account of pendency of encroachment appeal no. 2 of 2022, the encroachment in question has not been removed, despite passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, by the Circle Officer, Raghopur, District-Suapul, in connection with Encroachment Case No. 4 of 2020-21 and issuance of direction by the Sub-Divisional Officer, Birpur, for deputing Magistrate and police officials
Patna High Court CWJC No.1691 of 2023(3) dt.05-04-2023 3/3
along with police force for removal of the encroachment in question. It is further submitted that the aforesaid appeal shall definitely be disposed off, within a stipulated time frame fixed by this Court.
Having regard to the facts and circumstances of the present case, I deem it fit and proper to direct the appellate authority to pass the final order in the aforesaid pending encroachment appeal no. 2 of 2022, in accordance with law and after hearing the affected parties, within a period of six weeks from today, whereupon appropriate consequential action shall be taken forthwith.
The writ petition stands disposed of on the aforesaid
terms.
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether the respondent authority is directed to dispose of the pending encroachment appeal within a fixed time period to ensure removal of illegal encroachment?
1 provisions across 1 enactments
Md. Naushad Alam
State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna
The District Magistrate-cum-Collector, Supaul
The Sub-Divisional Officer-cum-Sub-Divisional Public Grievance Redressal Cell, Birpur, District - Supaul
The Circle Officer, Raghopur, District - Supaul
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
