TITLE: Dinesh Paswan & Ors. v. The State of Bihar & Ors.
Decided on: 04-07-2023
CWJC No: 14436/2022
Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Facts of the case:
The present petition has been filed seeking the following relief :-
“(i) For issuance of a writ in the nature of certiorari to set aside the notice dated 06.08.2022, issued by the Circle Officer, Barbigha by which the petitioners have been directed to remove the hut/ house from Khata no. 160, Khesra no. 160, Khesra no. 558, situated at village-Rajaura, PS-Barbigha, District-Sheikhpura within a period of 15 days, failing which, the hut/ house shall be removed and expenses of the same would be realised from the petitioner.”
The learned counsel for the respondent- State has referred to the counter affidavit filed in the present case on behalf of respondents no. 2 to 4, wherein it has been stated that the Circle Officer, Barbigha, District, Sheikhpura has passed the final order dated 05.08.2022 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act 1956”), hence, if so advised, the petitioners may challenge the same by filing appropriate appeal under Section 11 of the Act, 1956.
Analysis of the court and decision:
The learned counsel for the petitioners submits that the petitioners be granted liberty to challenge the aforesaid order dated 05.08.2022 by filing appropriate appeal, however, they be granted some protection during the interregnum period.
Having regard to the facts and circumstances of the case, the court deems it fit and appropriate to grant liberty to the petitioners to file appropriate appeal under Section 11 of the Act, 1956, challenging the aforesaid order dated 05.08.2022, however, in order to enable the petitioners to file appropriate appeal and seek interim orders, it is directed that status quo existing as on today qua the land/ house of the petitioners in question shall be maintained for a period of four weeks from today.
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 same on merits and pass a reasoned and a speaking order, in accordance with law, without being impeded by the issue of limitation.
The writ petition stands disposed off on the aforesaid terms.
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