Bhola Dusadh @ Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9297 of 2020 ====================================================== BHOLA DUSADH @ BHOLA PASWAN Son of Late Shivjanam Dusadh, Resident of Village- Mathila, Post Office- Mathila, Gram Panchayat-Mathila, Police station- Koransarai, Sub Division and Block- Dumraon, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector, Buxar 3.

The Sub Divisional Officer Dumraon, District- Buxar 4.

The Deputy Collector, Land Reforms, Dumraon, District- Buxar 5.

The Circle Officer, Dumraon, District- Buxar 6.

The Superintendent of Police, Buxar 7.

The Sub Divisional Police Officer, Dumraon, District- Buxar 8.

The Officer-in-Charge of Police Station Koransarai, District- Buxar 9.

The Mukhiya, Gram Panchayat Mathila, Police station- Koransarai, DistrictBuxar 10.

Vijay Paswan Son of Late Kanhaiya Paswan 11.

Jagdish Keshri Son of Late Hari Prasad Keshri 12.

Sanjay Choudhary Son of Late Kapidleo Choudhary 13.

Jogindra Prasad son of Late Gouri Shankar Sah 14.

Jitendra Kahar Son of Sripati Kohar 15.

Jagdamba Kohar son of Sripati Kohar 16.

Surendraji @ Yogendra Kohar son of Porahu Kohar 17.

Nirmal Kohar son of shiv Shankar Kohar 18.

Akash Kohar son of Anil Kohar 19.

Raghubansh Singh son of Indrajeet Singh 20.

Jagnarain Singh son of Rajgrihi Singh 21.

Ramashray Koiri son of Shiv Narain Koiri 22.

Lallan Koiri son of Late Sitaram Koiri 23.

Narad Mahto son of Late Vishun Mahto 24.

Saral Mahto son of Late Radha KKirshna Mahto 25.

Munna Kamkar son of Jagdish Kamkar 26.

Mantu Rajbhar son of Mohan Rajbhar 27.

Munna Kushwaha son of Bhikhari Kushwaha ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.9297 of 2020(2) dt.09-04-2021 2/3 For the Petitioner/s :

Mr.Nil Kamal, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-04-2021 The matter has been heard online because of Covid-19 pandemic restrictions.

2. The petitioner has challenged the impugned orders, whereby in exercise of power under Sections 3 and 6 of Bihar Public Land Encroachment Act, 1956 he has been directed to remove the encroachment which he has caused from a public land.

3. The petitioner disputes the said finding recorded by the Circle Officer and contends that the same has been issued without giving the petitioner appropriate opportunity of hearing and without confirming actual service of notice upon him. He has submitted that the land, description of which has been given in the impugned order, does not belong to this petitioner though encroachment is proposed to be removed from the land in his possession.

4. Be that as it may, it has been rightly pointed out by the learned counsel for the State of Bihar that the petitioner has a remedy of appeal under Section 11 of the Act, which he has not invoked.

5. This application is accordingly disposed of with an

Patna High Court CWJC No.9297 of 2020(2) dt.09-04-2021 3/3 observation that the petitioner shall be at liberty to prefer an appeal against the impugned order. If he does so within a period of one month from today, the Appellate Authority shall consider the prayer for condonation of delay liberally keeping in mind the fact that the petitioner was advised to approach this Court by filing the present writ application; and dispose of the said appeal on merits, preferably within a period of three months from the date of filing of the appeal.

(Chakradhari Sharan Singh, J) Rajesh/- U