Ram Kishore Sharma And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11864 of 2017 ======================================================
1. Ram Kishore Sharma, son of late Kishundeo Singh
2. Pravash Kumar, son of late Shyam Kishore Sharma
3. Shiv Kishore sharma, son of late Kapil Deo Singh All 1 to 3 are resident of village-Tineri Gopalpur, P.O. -Nadaul, P.S.- Mashaurhi, District -Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue Department, Govt. of Bihar, Patna.
2. The Collector, Patna, District- Patna.
3. The Sub-Divisional Magistrate, Mashaurhi, District-Patna
4. The Anchal Adhikari, Anchal- Mashaurhi, District- Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Adv. For the Respondent/s : Mr. Sajid Salim Khan -SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-08-2017 Heard Mr. Niraj Kumar, learned Counsel appearing on behalf of the petitioners and Mr. Sajid Salim Khan, learned SC25, appearing on behalf of respondents. The present writ application has been filed for setting aside the order dated 08.07.2017, passed by Respondent No.4, the Circle Officer, Masaurhi, as contained in Annexure-14, whereby the petitioners have been declared encroacher over the land pertaining to Khata No. 136, Plot No. 1735, situated in Village - Tineri, P.S.-Masaurhi, District - Patna. Further prayer has been made to set aside the notice dated 28.07.2017, contained in Annexure-15, issued under the signature of Respondent No.4, the
Patna High Court CWJC No.11864 of 2017 (2) dt.18-08-2017 2/3 Circle Officer, Masaurhi, under section 6(2) of the Bihar Public Land Encroachment Act (hereinafter called as 'the Act'), in FormII, directing the petitioners to remove the encroachment by 04.08.2017.
By way of supplementary affidavit, the letter issued vide Memo No. 7, dated 05.08.2017, issued under the signature of Respondent No.4, the Circle Officer, Masaurhi, addressed to Respondent No.3, the Sub-Divisional Officer, Masaurhi, has been brought on record, which stipulates that 18.08.2017 at 11.00 A.M. has been fixed the date for removal of encroachment in pursuance to the order passed in Encroachment Case No. 02/2007-08. Learned Counsel appearing on behalf of the petitioners submits that there is threat of residential house being demolished situated on the land in question as he could not file the appeal since he was not aware about the final order passed in encroachment proceeding.
It is submitted by Mr. Sajid Salim Khan, learned SC25 appearing on behalf of the respondents that final order has been passed under section 6(1) of the Act, which is appealable under section 11 of the Act. Hence, the petitioners ought to have availed the alternative remedy of appeal.
Considering the rival submissions of the parties the
Patna High Court CWJC No.11864 of 2017 (2) dt.18-08-2017 3/3 writ application is disposed of with a liberty to the petitioners to file appeal under section 11 of the Act within a period of three weeks against the final order, as contained in Annexure-15 along with an application for condonation of delay in filing of such appeal. It is expected from the Appellate Authority to consider the condonation of delay in filing such appeal. However, if the order dated 08.07.2017, passed in Encroachment Case No. 02 of 2007-08, by Respondent No.4, the Circle Officer, Masaurhi, as contained in Annexure-14, has not been implemented till date, then it shall not be implemented till disposal of appeal, if it is filed within a period of three weeks. Let a copy of this order be handed over to Mr. Sajid Salim Khan, learned SC-25, appearing on behalf of respondents. (Dinesh Kumar Singh, J) Ashwini/- U