Lala Prasad @ Lal Prasad Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Lala Prasad @ Lal Prasad Yadav 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, with the authorities to supply a certified copy of the order within 7 days of filing of the requisites; the petitioners' Houses/Structures not to be demolished till final disposal of the appeal; copy of the order to be communicated to the Collector, Nalanda through FAX for forthwith compliance.

Issue for consideration

Whether the writ petition should be entertained where a final order under the Bihar Public Land Encroachment Act has already been passed and the petitioner has an alternative statutory remedy of appeal before the Collector, Nalanda.

Court's answer

The petitioners have an alternative remedy of preferring an Appeal before the Collector, Nalanda within 30 days against the final order under the Bihar Public Land Encroachment Act.

Ratio / Principle

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

Key takeaways

The Houses/Structures of the petitioners shall not be demolished till the final disposal of the appeal by the Collector, Nalanda; a copy of the order was further directed to be communicated to the Collector, Nalanda through FAX for forthwith compliance.ratio¶5

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), order dated 05-01-2024 in CWJC No.18122 of 2023: Where a final order had been passed against the petitioners under the Bihar Public Land Encroachment Act, the writ application was disposed of with liberty to the petitioners to prefer an Appeal before the Collector, Nalanda within 30 days, conditioned on the authorities supplying a certified copy of the order within 7 days of filing of the requisites. The Court further directed that the petitioners' Houses/Structures shall not be demolished till final disposal of the appeal by the Collector, Nalanda, and that a copy of the order be communicated to the Collector, Nalanda through FAX for forthwith compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18122 of 2023

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

Lala Prasad @ Lal Prasad Yadav Son of Ramdev Prasad @ Ramdev Prasad Yadav Resident of Vilalge-Miya Bigha, Post-Dariyapur, P.S.-Islampur, District-Nalanda.

Dharmendra Kumar @ Dharmendra Kumar Yadav Son of Late Ramkrishun Yaav @ Ramkishun Singh Resident of Vilalge-Miya Bigha, Post-Dariyapur, P.S.-Islampur, District-Nalanda.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

The District Magistrate-Cum-Collector, District-Nalanda.

The Sub-Divisional Officer, Block-Islampur, District-Nalanda.

The Circle Officer, Block-Islampur, District-Nalanda.

The Station House Officer, P.S.-Islampur, District-Nalanda.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Anil Kumar Singh For the Respondent/s : Mr.Standing Counsel (8) ======================================================

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 from today 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

Patna High Court CWJC No.18122 of 2023(2) dt.05-01-2024 2/2

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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