A civil writ petition seeking quashing of an encroachment order and protection of possession was disposed of with liberty to the petitioner to file an appropriate appeal under the Bihar Public Land Encroachment Act, 1956.
Liberty to file appropriate appeal granted; writ petition disposed of without quashing the impugned order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8145 of 2024
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Md. Jarar Alam son of Md. Mokhtar Alam, resident of Village- Murhena, P.S.Rajauli, District- Nawada.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhirendra Singh, Advocate For the Respondent/s : Mr.Government Pleader 19
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
4 15-07-2024
The present writ petition has been filed
seeking the following reliefs:-
"1. i. To issue a writ in the nature of Certiorari for quashing the order dated 15.04.2024 passed by C.O. Rajauli, Nawada in Encroachment Case No. 10 of 2023-24 by which petitioner was directed to remove the encroachment from the land bearing Mauza Murhena, Thana no. 236, Khata no. 354, Kesra No. 1417.
ii. To direct the respondent authorities not to disturb the physical possession of the petitioner because the land in question, is the raiyati land of the petitioner and the ancestors of the
Patna High Court CWJC No.8145 of 2024(4) dt.15-07-2024 2/3
petitioner have been residing upon the land by building a pacca house since 80 years.
iii. To direct the respondents to stay the operation of the order dated 15.04.2024 till the pendency of the writ application."
the respondents has referred to the counter affidavit filed in the present case as also has produced an order dated 15.04.2024, passed by the Circle Officer, Rajauli, District-Nawada in connection with Encroachment Case No. 10 of 2023-24 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, which is taken on record. It is submitted that in case the petitioner is aggrieved by the aforesaid order dated 15.04.2024, he may file appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.
Patna High Court CWJC No.8145 of 2024(4) dt.15-07-2024 3/3
appropriate appeal, in case he is aggrieved by the
same.
(Mohit Kumar Shah, J)
S.Sb/-
U
2 issues framed by the court
Whether to grant liberty to the petitioner to challenge the encroachment order via appropriate appeal instead of quashing it by writ.
Whether to keep the writ petition pending until an appeal is filed.
2 provisions across 1 enactments
Md. Jarar Alam
The State of Bihar through the D.M. Nawada
The S.D.O., Nawada
The D.C.L.R. Rajauli, Nawada
The Circle Officer, Rajauli, Nawada
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
