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Judgment
Heard learned counsel for the petitioner and the State.
Original records have been produced.
The order has been passed on 24.1.2017 directing the
petitioner to remove encroachment. However, it appears that
without availing the statutory provision of alternative remedy of
appeal, the petitioner filed this writ application.
However, at the same time, it appears that sufficient
time was not given to the petitioner for filing an appeal as order was
passed on 24.1.2017 and the notice was also issued on the same day
under Form II for removal of encroachment on 10.2.2017 whereas
Section 11 of the Bihar Public Land Encroachment Act, 1956
provides that appeal would lie against the order passed by the
Collector under the act under Section 6 of the aforesaid Act within 30
days of passing of the order.
Accordingly, the petitioner is directed to approach the
appellate authority within 30 days from now against the order dated
24.1.2017. He may take all the grounds which would be available to
him under law.
Let operation of Annexure 1 would remain stayed till
the period of 45 days from today.
In the meantime, the petitioner may file appeal and,
thereafter, may file an application before the appellate authority for
grant of interim relief which should be considered by the competent
authority on its own merit and in accordance with law without being
prejudiced by the present order.
This disposes of the writ application.