BABAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed seeking the following relief:-

(2.) The learned counsel for the respondents has referred to the order-sheets/proceedings of Encroachment Case No.3 of 2016, initiated by the Circle Officer, Sandesh, District-Bhojpur, more particularly, the order dtd. 1/7/2016, to submit that the final order under Sec. 6(1) of the Bihar Public Land Encroachment Act, 1956 (for short 'the Act, 1956'), has already been passed and the petitioner and others have been declared to be encroachers. It is also submitted that thereafter, notices were issued to the petitioner and other encroachers under Sec. 6(2) of the Act, 1956 on 6/12/2022, in connection with Encroachment Case No.3 of 2016, however, encroachment in question could not be removed till date, on account of pendency of the present writ petition.

(3.) At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to assail the aforesaid order dtd. 1/7/2016, by filing appropriate appeal under Sec. 11 of the Act, 1956 and the appellate authority be directed to consider the appeal of the petitioner on merits, as also the petitioner be protected during the interregnum period.