Suresh Sah @ Ram Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16044 of 2022 ====================================================== 1.

Suresh Sah @ Ram Suresh Sah son of Late Gopi Sah Resident of Village and Post- Sakari, P.S. Kudra, District- Kaimur at Bhabua. 2.

Vijay Kumar son of Sri Suresh Sah @ Ram Suresh Sah, Resident of Village and Post- Sakari, P.S. Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Kaimur at Bhabua. 2.

The District Collector, Kaimur at and District- Kaimur at Bhabua. 3.

The Superintendent of Police, Kaimur, at and District- Kaimur at Bhabua. 4.

The Anchal Adhikari, Anchal and P.S. Kudra, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Sinha No.1, Advocate For the State :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2023 After some arguments, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 16.06.2022, passed by the Circle Officer, Kudra, District-Kaimur at Bhabua under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 by filing appropriate appeal, as also seeks liberty to raise the issue of grant of compensation for illegal demolition of his residential house, after he succeeds in the appeal to be filed by the petitioners. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioners to file an appeal under

Patna High Court CWJC No.16044 of 2022(2) dt.19-06-2023 2/2 Section 11 of the Bihar Public Land Encroachment Act, 1956, challenging the aforesaid order dated 16.06.2022 and in case such an appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks, thereafter.

It is needless to state that depending on the result of the appeal to be filed by the petitioners, the petitioners would be at liberty to raise the issue of compensation. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U