Naushad Alam @ Shekh Bikau v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.570 of 2024 ====================================================== Naushad Alam @ Shekh Bikau Son of Shekh Sahid Resident of VillageGauripur, P.O.- Murli Parsauni, Anchal- Sikta, P.S.- Balthar, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary- cum- Principal Secretary, Land Reforms and Revenue Department, Bihar, Patna.

3.

The Collector- cum- District Magistrate, West Champaran. 4.

The Sub.- Divisional Officer, Narkatiaganj, District- West Champaran. 5.

The Land Reforms Deputy Collector, Narkatiaganj, District- West Champaran.

6.

The Circle Officer, Sikta Anchal, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sagar Kumar, Advocate For the Respondent/s :

Government Advocate 10 For the Intervenor :

Mr. Mahtab Alam, Advocate Mr. Arif Daula Siddiqui, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-10-2024 The limited prayer made by the petitioner in the present case is that since the petitioner was not supplied with the certified copy of the final order dated 22.08.2023, passed by the Circle Officer, Sikta i.e. the respondent no. 6 in connection with Encroachment Case No. 04 of 2023-24, the appeal filed by the petitioner under Section 11 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), was returned back to the petitioner leaving him remediless, nonetheless, now the said order dated 22.08.2023

Patna High Court CWJC No.570 of 2024(4) dt.21-10-2024 2/2 has been brought on record of the present case, inasmuch as the same has been annexed to the counter affidavit filed in the present case, hence the petitioner be granted liberty to use the said photo copy of the order dated 22.08.2023 for the purposes of filing appeal under Section 11 of the Act, 1956 and for the said purpose four weeks' time be granted. Liberty, so sought, is granted.

2.

It is needless to state that in case appropriate appeal is filed by the petitioner within a period of four weeks from today, the same shall be adjudicated by the appellate authority on merits, without being impeded by the issue of limitation. 3.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U