Kapil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12985 of 2022 ====================================================== Kapil Paswan Son of Dinanath Paswan @ Vinath Paswan , @ Vinath Dusadh Resident of Vilage-Bhadaula, P.S.-Kudra, District-Kaimur, Bihar. ... ... Petitioner/s

Versus

1.

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

The Collector-Cum-District Magistrate, District-Kaimur, Bhabhua. 3.

The Sub-Divisional Officer, Kaimur, District-Kaimur Bhabhua. 4.

The Circle Officer, Kudra, District-Kaimur Bhabhua. 5.

The Consolidation Officer, Kudra,District-Kaimur Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Kumar Bhatnagar, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-02-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"1. That this is an application for issuance of appropriate writ, especially in nature of Certiorari, to quash the notice dated 16/06/2022 issued by the Respondent No.- 4, under section 6(2) of the Bihar Public Land Encroachment Act, directing the petitioner to remove encroachment from the plot No.- 972 without considering the facts that the petitioner's father was purcha holder of 8 decimal land of the concerned plot. While directing so the respondent No.-4 did not disclose what area of the plot in question was found in any measurement to have been encroached by the petitioner and no case No. of the concern proceeding has been mentioned therein.

Patna High Court CWJC No.12985 of 2022(4) dt.26-02-2024 2/2 Further direction to the respondents not to disturb the petitioner because his house situates in a piece of 8 decimal of land pertaining to Khata No.- 193, Plot No.- 962 under Thana No.- 626, Village- Bhadaula, P.S.- Kudra, District- Kaimur, which had been settled by issuing a Parcha in the name petitioner's father on 14/03/1984 and subsequently his father's name was entered as a Raiyat in pursuant to order dated 18/02/1986 passed by the consolidation officer, Kudra, in Case No.- 35/85-86. Hence the provision of Bihar Public Land Encroachment Act is not applicable in case of the petitioner's plot in question."

3. The petitioner is given liberty to challenge the final order of the Circle Officer passed under Section 6 of the Bihar Public Land Encroachment Act by filing an appeal before the Collector concerned.

4. The petitioner is given liberty to file an appeal within 30 days from today. If such an appeal is filed within 30 days from today then the structure of the petitioner shall not be disturbed till the stay application of the petitioner is heard in appeal.

5. This application is disposed of.

(Sandeep Kumar, J) P. Kumar U