Md Israil v. The State of Bihar
Case brief
What is this about?
PATNA HIGH COURT | CWJC No. 5007 of 2025 | decided 28-04-2025 | Satyavrat Verma, J | Petitioners: Md Israil, Md. Mumtaz (Baruraj, Muzaffarpur) | Respondents: State of Bihar (Road Construction Department), Collector Muzaffarpur, Circle Officer Motipur, Executive Engineer Road Division No.1 Muzaffarpur | Bihar Land Encroachment Act, 1956 - Sections 6(1), 6(2) | Encroachment Case No. 02/2023-2024 | notice dated 06.03.2025 | alternative remedy of appeal before Collector, Muzaffarpur | appeal to be filed on or before 12.05.2025 | Collector to dispose of appeal within three months with proper opportunity of hearing | no coercive action till 13.05.2025 | writ application disposed of | Counsel: Surajnarayan Yadav, Ranjit Kumar Yadav, Ugresh Kumar (petitioners); Raghwanand GA-11, Rajnish Shandilya AC to GA-11 (State).
What did the court decide?
Writ application disposed of with liberty to the petitioners to file an appeal before the Collector, Muzaffarpur against the order passed under Section 6(1) of the Bihar Land Encroachment Act, 1956 on or before 12.05.2025; the Collector, Muzaffarpur to consider and dispose of any such appeal within three months after giving proper opportunity of hearing to all concerned; no coercive action to be taken against the petitioners till 13.05.2025.