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Patna High CourtCWJC/952/2020disposed

Suresh Chaudhary, v. The State Of Bihar

2020-01-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.952 of 2020 ====================================================== Suresh Chaudhary, S/o Paltan Chaudhary, R/o Village-Nauka Tola Belwari Patti, P.S.-Thakraha, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Collector, West Champaran at Bettiah.

3.

The Sub-Divisional Magistrate, Bagaha, District-West Champaran. 4.

The Deputy Collector, Land Reforms, Bagaha, District-West Champaran. 5.

The Circle Officer, Thakraha, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the parties.

2. An order dated 10.12.2019 passed by the Circle Officer under the provisions of Bihar Public Land Encroachment Act, 1956, is under challenge in the present writ application. By the said order, the petitioner has been directed to remove encroachments from a piece of land which has been held to be a public land by 06.01.2020.

3. It is not in dispute that the petitioner has remedy of appeal before the District Magistrate, West Champaran, against the order impugned.

4. This writ application is disposed of, accordingly,

Patna High Court CWJC No.952 of 2020(2) dt.29-01-2020 2/2 with an observation that the petitioner shall be at liberty to approach the appropriate authority by preferring an appeal. If the appeal has become time barred in the meanwhile, and an application is filed on behalf of the petitioner for condonation of delay, the District Magistrate shall consider the same liberally and decide the petitioner's appeal on merits, if the appeal is filed within a month from today. The petitioner shall be at liberty to seek interim relief by making an application before the appellate authority.

This writ application stands disposed of.

(Chakradhari Sharan Singh, J) S.Ali/- U