Sudhir Kumar Mishra @ Gopal Mishra vs The State of Bihar

Heard learned counsel for the petitioners and learned

A.A.G-25.

The present writ application has been filed with a

prayer for quashing the order dated 08.02.2017 passed by

respondent no. 4 Circle Officer, Teghra in Encroachment Case

No.02 of 2016-17 as well as the communication dated 9.2.2017 in

Form-2 as contained in Annexure 9 series whereby notices have

been directed to be issued to the petitioners under Section-6(2) of

the Bihar Public Land Encroachment Act, 1956 for removal of the

structure over Plot No. 3209 area 15 dhoor of village Shokahara,

P.S. Fulwariya in the district of Begusarai within ten days (with

additional prayer for stay of operation of impugned order during

pendency of the writ application).

It is submitted by learned counsel for the petitioners

that the land in question is a raiyati land on which his residential

house is situated and reliance has been placed on the judgment

reported in AIR 1982 Supreme Court 1081 and 2000(1) PLJR 209.

Learned counsel does not dispute the fact that the order impugned is

appealable under Section 11 of the Bihar Public Land

Encroachment Act, 1956 but it has not been preferred.

Learned counsel for the respondent-State submits that

the materials on record do not suggest that the land in question is

raiyati land of the petitioner.

In the circumstance, this writ application is disposed

of with liberty to the petitioners to prefer appeal before the District

Magistrate, Begusarai within a period of fifteen days. It is expected

that the appeal will be registered within 24 hours of its presentation.

The operation of the order dated 08.02.2017 passed by Circle

Officer, Teghra in Encroachment Case No.02 of 2016-17 and all

consequential orders are stayed for a period of four weeks. In the

meantime, the petitioners will prefer a stay application when the

District Magistrate, Begusarai will consider and decide the question

of stay within the said period of four weeks and will try to dispose

of the appeal after hearing all affected parties and on examination of

records in accordance with provision of the Bihar Public Land

Encroachment Act, 1956 within a period of three months.

Accordingly, the writ application is disposed of.