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Patna High CourtMJC/2302/2021disposed

Dadan Tiwari v. The State Of Bihar

2024-08-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2302 of 2021 In Civil Writ Jurisdiction Case No.18655 of 2019 ====================================================== Dadan Tiwari Son of Late Kedar Tiwari, Resident of Village - Baijnathpur, Post - Shivpur (Kesath), P.S.- Nawanagar, District - Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of revenue and land Government of Bihar.

2.

The District Magistrate, Buxar.

3.

The Additional Collector cum divisional public Grievance Redressal Officer Dumroan.

4.

The D.C.L.R. Dumroan.

5.

The Sub Divisional Officer, Dumroan.

6.

The Circle Officer, Kesath.

7.

The then Circle Officer Kesath namely Raj Shekhar Kumar address - (not known) presently posted as Circle Officer Kanti Block, Muzaffarpur. 8.

Circle Inspector namely Manoj Kumar, Kesath.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Choubey, Advocate For the Opposite Party/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2024

1. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 09.09.2017, passed by the Circle Officer, Kesath, Buxar, in connection with Encroachment Case No.02 of 2017-18, by filing appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, however, submits that the appellate authority be directed to consider the same on merits, without being impeded by the issue of limitation. Liberty so sought is

Patna High Court MJC No.2302 of 2021(5) dt.30-08-2024 2/2 granted.

2. It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the appeal of the petitioner on merits and dispose off the same, forthwith.

3. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U