Lal Babu Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16915 of 2016 ====================================================== 1.

Lal Babu Prasad 2.

Shambhu Prasad 3.

Shatruhan Prasad All are sons of Late Radha Kishun Prasad Residents of Village-Ojha Mathiya, Police Station-Majhauliya, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Sub Divisional Magistrate, Sadar Bettiah, District - West Champaran at Bettiah.

4.

The Circle Officer, Majhauliya Circle, West Champaran. 5.

The Officer in charge, Majhauliya, Police Station, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2019 The short prayer of the petitioners is that since the Circle Officer, Majhauliya Circle, West Champaran has passed a fresh order, after remand of the matter to him by the Collector, West Champaran, under Section 6 of the Bihar Public Land Encroachment Act, 1956 on 01.10.2018, hence the petitioners be granted liberty to challenge the aforesaid order dated 01.10.2018 by filing an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.

Accordingly, the present writ petition stands disposed off with liberty to the petitioners to file Appeal, as aforesaid.

Patna High Court CWJC No.16915 of 2016(5) dt.25-07-2019 2/2 It is needless to state that in case the petitioners file an appeal within a period of four weeks from today, the appellate authority shall examine it on merits without being impeded by the issue of limitation.

(Mohit Kumar Shah, J) S.Sb/- U