Rashmi Singh vs State of Jharkhand And Ors

Learned counsel for the petitioner states that the defect regarding non-payment of requisite court fees has been removed as the petitioner has

deposited the court-fees of Rs.250/- and an undertaking has been given to remove the remaining defects, as pointed out by the office, on resumption

of normal functioning of the Court.

The writ petition has been filed for quashing the order dated 26.06.2020, passed by the Circle Officer, Nagri under section 6 of the Bihar Public

Land Encroachment Act (hereinafter to be referred as the Act) in Land Encroachment Case No. 37 of 2017-18, whereby the petitioner has been

directed to remove the construction and encroachment made on plot no. 260 of khata no. 383, measuring 20 decimals, situated in village Pundag.

Learned A.C. to Advocate General has argued that the writ petition is not maintainable as under section 11 of the B.P.L.E. Act, the petitioner has

the remedy to file an appeal before the Deputy Commissioner against the impugned order.

Heard. Under section 11 of the Bihar Public Land Encroachment Act, the petitioner has efficacious remedy to file an appeal before the Deputy

Commissioner, Ranchi against the order dated 26.06.2020, passed by the Circle Officer under Section 6 of the B.P.L.E. Act.

In the attending circumstances, the petitioner is at liberty to file the appeal before the Deputy Commissioner, Ranchi. The learned Deputy

Commissioner, after giving an opportunity of hearing, shall pass necessary order in accordance with law, with the finding that the aforesaid land is

public land in terms of section 2 (3) and section 9 of the Act, at the earliest preferably within 6 weeks from the date of filing of the appeal, if not

already filed.

With the aforesaid direction, the writ petition is, hereby, disposed off.