IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10022 of 2010
Ram Bachan Singh, son of late Bhimal Singh, resident of village
Sonchari, P.S. Parwalpur, District Nalanda.
....... Petitioner
versus
1. The State of Bihar through the Secretary,
Department of Land Reforms, Government of Bihar,
Patna.
2. The District Magistrate, Nalanda
3. The Circle Officer-cum-Anchaladhikari, Parwalpur,
District Nalanda.
4. Bishwajeet Kumar, son of Mukul Kumar, resident of
Village Sonchari, P.O. Sonchari, P.S. Parwalpur,
District Nalanda.
.... Respondents.
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05/ 05.07.2010 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This petition has been filed by the petitioner
challenging notice dated 15.06.2010 (Annexure 7) issued by the
Circle Officer, Parwalpur in the district of Nalanda for removal of
encroachment by 19.06.2010 with respect to the construction made
on plot no. 2703.
3. It transpires that Encroachment Case No. 03 of
2006-2007 was initiated at the instance of the private respondent
against the petitioner, who contested the claim stating that he was
duly recorded with respect to the land in question and hence he is
not an encroacher. The said encroachment case was allowed on
13.05.2010 (Annexure 6) by the said Circle Officer directing the
petitioner to remove the said encroachment by 29.05.2010.
4. It further transpires that on 29.05.2010 itself the
petitioner filed Land Encroachment Appeal No. 02 of 2010 under
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the provision of section 11 of the Bihar Public Land Encroachment
Act before the learned Collector, Nalanda, which was taken up on
01.06.2010 and was admitted, whereafter the record was called for
and the case was fixed for the next date i.e. 13.07.2010.
5. Learned counsel for the petitioner submits that in
the said circumstances there was no occasion for the Circle Officer
to send a notice on 15.06.2010 for demolition of the
construction/alleged encroachment by 19.06.2010.
6. On the other hand, learned counsel for the State
vehemently contests the claim of the petitioner and states that since
the order of removal of encroachment was passed by the Circle
Officer and the said order was not stayed by the appellate authority,
the Circle Officer was quite justified in issuing the impugned
notice dated 15.06.2010 for demolition of the encroachment made
by the petitioner.
7. Considering the facts and circumstances of the case,
this writ petition is disposed of with a liberty to the petitioner to file
an interlocutory application before the Collector, Nalanda in Land
Encroachment Appeal No. 02 of 2010 for stay of operation of the
impugned order of the Circle Officer dated 13.05.2010 passed in
Encroachment Case No. 03 of 2006-2007 and if such an application
is filed by the petitioner by 13.07.2010, the Collector shall decide
the said application expeditiously in accordance with law within
three weeks thereafter.
8. The respondents shall co-operate the appellate
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authority in early disposal of the said interlocutory application. Till
then, operation of the impugned notice of the Circle Officer dated
15.06.2010 (Annexure 7) shall remain stayed.
MPS/ ( S. N. Hussain, J. )