Akhilesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Akhilesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to prefer an appeal before the Collector, Nalanda within 30 days; certified copy of the order to be furnished by the authorities within 7 days of filing of the requisites; interim protection that the petitioners' houses/structures shall not be demolished till final disposal of the appeal by the Collector, Nalanda; copy of the order to be communicated to the Collector, Nalanda through FAX for compliance forthwith.

Issue for consideration

Whether the petitioners, against whom a final order under the Bihar Public Land Encroachment Act has been passed, should be relegated to the alternative remedy of an appeal before the Collector, Nalanda. +1 more

Court's answer

The petitioner has an alternative remedy of moving before the Collector, Nalanda within 30 days by preferring an Appeal.

Ratio / Principle

The application is disposed of with liberty to the petitioner to move before the Collector, Nalanda within 30 days from today by preferring an Appeal, provided the authorities give them certified copy of the order within 7 days of filing of the requisites from today.

Key takeaways

The Houses/Structures of the petitioner shall not be demolished till the final disposal of the appeal by the Collector, Nalanda.ratio¶¶27

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), oral order dated 05-01-2024 in Civil Writ Jurisdiction Case No.18018 of 2023: twelve petitioners, all residents of village Pali Par, Police Station Aungari, District Nalanda, approached the Court against a final order passed under the Bihar Public Land Encroachment Act. Observing that the petitioners have an alternative remedy of appealing to the Collector, Nalanda within 30 days, the Court disposed of the application with that liberty, conditioned on the authorities furnishing a certified copy of the order within 7 days of filing of the requisites, and directed that the petitioners' houses/structures shall not be demolished till the final disposal of the appeal by the Collector, Nalanda. A copy of the order was to be communicated to the Collector, Nalanda through FAX for compliance forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18018 of 2023

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

Akhilesh Kumar Son of Rameshwar Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Rambalak Prasad, Son of Hazari Prasad @ Hajari Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Ramchandra Prasad, Son of Hazari Prasad @ Hajari Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Satyendra Prasad, Son of Ramashish Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Rajdev Prasad, Son of Shree Yadav Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Shambhu Kumar, Son of Late Suresh Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Krishna Kumar, Son of Fakira Yadav Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Sudhir Prasad, Son of Nathun Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Brahmdeo Yadav @ Brahdev Prasd, Son of Fakira Yadav Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Amirak Prasad @ Amarik, S/o Kaushal Prasad Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Nabalik Prasad, Son of Kailash Yadav Resident of village- Pali Par, Police Station-Aungari, District- Nalanda.

Arvind Kumar @ Arvind Prasad, Son of Arjun Yadav Resident of villagePali Par, Police Station-Aungari, District- Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The District Magistrate, Nalanda. 3. The Superintendent of Police, Nalanda. 4. D.S.P. Sadar, Biharsharif, Nalanda. 5. S.D.O., Biharsharif, Nalanda. 6. The Circle Officer, Ekangarsarai, Nalanda. 7. S.H.O., Ekangarsarai, P.S.- Ekangarsarai, Nalanda. ... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Respondent/s : Mr.Standing Counsel (15) ======================================================

... ... Respondent/s

Patna High Court CWJC No.18018 of 2023(2) dt.05-01-2024 2/2

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 05-01-2024 Heard the learned counsel for the parties.

2 . In the present case, final order under the Bihar

Public Land Encroachment Act has been passed.

3 . The petitioner has an alternative remedy of moving before the Collector, Nalanda within 30 days by preferring an Appeal.

4 . This application is disposed of with liberty to the petitioner to move before the Collector, Nalanda within 30 days from today by preferring an Appeal provided the authorities give them certified copy of the order within 7 days of filing of the requisites from today.

5 . The Houses/ Structures of the petitioner shall not be demolished till the final disposal of the appeal by the Collector, Nalanda.

6 . Let a copy of this order be communicated to the Collector, Nalanda through FAX for its compliance forthwith.

(Sandeep Kumar, J)

Shishir/-

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