LAXMI NIVAS PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Counsel for the parties are finally heard.

(2.) BY this petition, the petitioner seeks to challenge the correctness, validity and property of the order dated 3 -7 - 1996 passed in Encroachment Case No. 5193 of 1994 by Anchal Adhikari (Annexure -9) and Order dated 10 -9 - 1998. passed in Land Encroachment Appeal No. 4 of 1996 -97 by the Collector/District Magistrate, Patna (Annexure -10).

(3.) ON the other hand, contending contrary to the above submissions, learned Counsel for the State submits that the order passed by the two Authorities, as contained in Annexure -9 and 10, are just and valid and the land in dispute cannot be settled in the name of the petitioner as it is on the flanks of the canal. He further submits that in accordance with the Industrial policy certain lands should be allotted but such allotment of lands would otherwise affect the safety of the canal or would create public nuisance. According to him, the orders impugned are absolutely justified and the recommendations made by the Anchal Adhikari would have no binding effect after the orders for removal of the encroachment which already have been passed.