Patna High CourtL.P.A/425/2018dismissed

Kanhaiya Thakur v. The State Of Bihar

2018-06-22Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.425 of 2018 In Civil Writ Jurisdiction Case No.20092 of 2013 ======================================================

1. Kanhaiya Thakur son of Rudal Thakur

2. Deena Nath Thakur son of Late Manager Thakur

3. Yogendra Thakur, son of Late Manager Thakur

4. Om Prakash Thakur son of Late Manager Thakur

5. Chhotu Thakur son of Late Manager Thakur

6. Sudina Thakur son of Late Manager Thakur

7. Ram Bilash Thakur son of Mahanth Thakur

8. Rameshwar Thakur son of Mahanth Thakur

9. Santosh Thakur son of Ram Bilash Thakur All resident of Village Mohammadpur Pandey Tola, P.O. Tekanwal, P.S. Mohammadpur, District- Gopalganj ... ... Appellant/s

Versus

1. The State Of Bihar through the District Magistrate, Gopalganj

2. The Sub-Divisional Officer, Gopalganj

3. The Block Development Officer, Sidhwalia, District Gopalganj

4. The Circle Officer, Sidhwalia, District Gopalganj .... Respondent/Respondents

5. Prabhu Nath Prasad son of Lalan Prasad, Resident of Village Mohammadpur Pandey Tola, P.S. Mohammadpur, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Naresh Prasad, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam- AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-06-2018 Seeking exception to an order dated 20.4.2017 passed by the learned Writ Court in C.W.J.C. No. 20092 of 2013, this appeal has been filed under Clause 10 of the Letters Patent.

Patna High Court LPA No.425 of 2018 dt.22-06-2018 2/2 The learned writ court has directed the Circle Officer to proceed in accordance with law for removal of the encroachment under the Bihar Public Land Encroachment Act and when the encroachment proceedings are initiated, petitioners would be noticed and they can raise all the objections in the encroachment case and, therefore, at this stage, indulgence into the matter is not called for.

The appeal stands dismissed granting liberty to the appellant to raise all the objections before the competent/statutory authority under the Encroachment Act.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.06.2018 Transmission Date N/A