Harishankar Yadav And Ors vs State Of Bihar Through And Ors

Having heard learned counsel for the parties, we are satisfied that the delay has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.

L.P.A. No. 747/2019

Heard learned counsel for the appellants.

The appellants are respondent Nos. 5 to 7 in C.W.J.C. No. 8456 of 2019 that was filed by the respondentpetitioner contending that the appellants have encroached over public land.

The same writ petition was disposed of ex parte to the appellants without issuing notice to them on 19thof April, 2019. The learned Single Judge issued a direction that the writ petitioner will file an application before the competent authority under the Bihar Public Land Encroachment Act whereafter the Circle Officer concerned will take appropriate steps to serve notice and then proceed in accordance therewith.

The appellants have come up contending that the writ petition ought to be dismissed as the appellants have already filed Title Suit and secondly they are in possession since long which aspect together with the evidence in support thereof was required to be looked into before any direction was given. The second argument of the learned counsel for the appellant is that the Circle Officer had issued a notice in terms of Section 3 of the Bihar Public Land Encroachment Act whereafter a reply has been filed, but he is in a haste to demolish the constructions of the appellants without taking recourse to law and without passing any final order. It is in these circumstances that the present appeal has been preferred.

We have also heard learned counsel for the writ petitioner Shri Pramod Kumar Singh and Mrs. Nutan Sahay, for the State.

We find that the fact that the appellants were parties before the learned Single Judge and were not issued notices is admitted. Thereafter, the Circle Officer has issued notices and the appellants have filed a reply, but their contention is that the Circle Officer has threatened to demolish the constructions without passing any final order.

Learned counsel for the respondents do not dispute the position that the orders have not yet been finally passed by the Circle Officer as per the directions of this Hon'ble Court.

In the given circumstances, we direct that the Circle Officer shall give a reasonable opportunity of hearing to the appellants and then proceed to pass a final order in terms of the Bihar Public Land Encroachment Act preferably within a period of two months from today.

It is further directed that till final orders are passed, no coercive steps shall be taken for removal of any alleged encroachment. It is clarified that in the event, the constructions are found to be encroachments under the Act, then appropriate steps shall be taken under law.

The appeal stands, accordingly, disposed of.