INDRADEO PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) These writ applications have been heard together and are being disposed of by this common order in view of the fact that in both the cases, a common order has been passed by the Collector, Gopalganj, exercising the appellate power under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter to be referred to as "the Act") and the same is under challenge in both the writ applications.

(3.) Petitioners in both the applications seek quashing of the order dated 18.8.2005/1.9.2005 (Annexure-1) and the notice dated 11.5.2005 issued by the Circle Officer, Gopalganj as contained in Annexure-2 with respect to 15 decimals of land of the petitioner in C.W.J.C. No. 12017 of 2005 and 10 decimals of land of the petitioners in C.W.J.C. No. 12024 of 2005 of plot no. 104/846 appertaining to khata no. 127, Thana No. 13 of Village-Jagdishpur requiring the petitioners to remove pucca house constructed upon the same obstructing a public pathway within 24 hours as the land has been recorded as "Gair Mazarua Aam Rasta" in the revenue record of rights otherwise the encroachment would be forcibly removed and the cost of the same would be realized from them.