Disposed

Mahesh Sahani and Ors. v. The State Of Bihar and Ors.

Patna HC18 Apr 2023CWJC/7476/2017

Case brief

AI extract

What is this about?

Court granted liberty to petitioners to file an appropriate appeal against a final order under the Bihar Public Land Encroachment Act. Appellate authority directed to examine appeal without limitation bars and pass a reasoned order.

What did the court decide?

Liberty granted to file appropriate appeal within four weeks; appellate authority to ignore limitation and pass reasoned order.

Mahesh Sahani and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7476 of 2017

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Mahesh Sahani son of Late Buddhu Sahani, Resident of Village- Darhiya, P.S.- Chakmahishi, District- Samastipur.

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Ram Milan Sahani, Son of Late Rijhan Sahani, Resident of Village- Darhiya, P.S.- Chakmahishi, District- Samastipur.

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Shankar Sahani, Son of Late Goni Sahani, Resident of Village- Darhiya, P.S.- Chakmahishi, District- Samastipur. ... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Land Acquisition and Revenue Department, Govt. of Bihar, Patna.

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The Commissioner, Darbhanga.

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The District Magistrate, Samastipur.

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The Sub Divisional Officer, Samastipur.

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The D.C.L.R., Samastipur.

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The Circle Officer, Kalayanpur, Samastipur.

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The Officer-In-Charge, Chakmehshi, Samastipur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Ram Sandesh Roy, Advocate For the Respondent/s : Mr.Sajid Salim Khan, SC-25 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-04-2023

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After some argument, the learned counsel

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for the petitioners seeks liberty on behalf of the petitioners to challenge the final order passed by the Circle Officer, Kalyanpur, District-Samastipur, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 1 of 2014-15, by filing appropriate appeal. Liberty so sought is granted.

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Patna High Court CWJC No.7476 of 2017(2) dt.18-04-2023 2/2

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It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the appellate authority shall examine the same without being impeded by the issue of limitation and pass a reasoned and a speaking order, in accordance with law, forthwith.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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S.Sb/Sonal-

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Mahesh Sahani and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Sahani and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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