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Patna High CourtCWJC/1117/2020disposed

Irfan Ahamad @ Erfan Ahamad, v. The State Of Bihar

2023-04-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1117 of 2020 ====================================================== 1.

Irfan Ahamad @ Erfan Ahamad, Son of Hifjur Rahman @ Mahfoozur Rahman, Resident of Village-Gorabauram, P.O.-Bauram, P.S.-Jamalpur, District-Darbhanga.

2.

Rizwan Ahamad, Son of Hifjur Rahman @ Mahfoozur Rahman, Resident of Village-Gorabauram, P.O.-Bauram, P.S.-Jamalpur, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Bihar, Patna.

2.

The Collector, Darbhanga.

3.

The Anchal Adhikari, Gaura Bauram, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha,Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam,AAG-12 Mr.Ebadur Rahman Shakeb, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2023 Though the present writ petition was filed for quashing the proceedings of the Encroachment Case No. 7 of 2019-20, however the learned counsel for the respondent-State has filed a counter affidavit, wherein the final order dated 12.04.2021, passed by the Circle Officer, Gaura Bauram, District- Darbhanga, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been annexed, hence it is submitted that the petitioners may file appropriate appeal under

Patna High Court CWJC No.1117 of 2020(6) dt.03-04-2023 2/2 Section 11 of the Bihar Public Land Encroachment Act, 1956.

At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file appeal challenging the final order passed by the Circle Officer, Gaura Bauram, District- Darbhanga, in connection with Encroachment Case No. 7 of 2019-20. Liberty so sought is granted.

It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the same shall be heard on merits by the appellate authority, without being impeded by the issue of limitation and a reasoned and a speaking order shall be passed, in accordance with law, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/S.SbU