Rasul Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13937 of 2014 ====================================================== Rasul Ansari S/O Heera Ansari, Resident of village- Mangrahari, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector, West Champaran, Bettiah 3.

The Sub-Divisional Officer, West Champaran, Bettiah 4.

The Deputy Collector, Land Reforms, West Champaran, Bettiah 5.

The Circle Officer, Narkatiyaganj, West Champaran, Bettiah 6.

Mansoor Ansari Son of Dindar Mian, Resident of village- Mangrahari, P.S.- Shikarpur, District- West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Raghwendra Kumar, SC-22 For the O.P.No. 6 :

Mr. Umesh Chandra Verma, Adv.

Mr. Hemant Ray, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2024 The present writ petition has been filed seeking the following reliefs:- "1(a). To quash the order/notice dated 14.3.14 passed by Circle officer, Narkatiyaganj (Annexure 4) whereby and whereunder the petitioner has been held to have encroached 0.01 dec. Govt. land and further been directed to remove the said alleged encroachment without any measurement or initiation of regular encroachment proceeding as provided under the encroachment Act.

Patna High Court CWJC No.13937 of 2014(4) dt.19-06-2024 2/2 (b). To stay the order/ notice dated 14.03.2014 passed by Circle officer, Narkatiyaganj till the disposal of the instant writ application.

2.

Though none has appeared for the petitioner, however, the learned counsel for the Respondent-State submits that in case, the petitioner is aggrieved by the order dated 14.3.2014, passed by the Circle Officer, Narkatiyaganj, whereby and whereunder the petitioner has been held to have encroached 0.01 decimal Government land, he should file an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, thus, he may be granted liberty to that extent.

3.

Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file appropriate appeal, if so advised, for the purposes of challenging the aforesaid order dated 14.3.2014.

(Mohit Kumar Shah, J) Ajay/- U