NASEEM ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondent no.9. However, none appears on behalf of the remaining respondents including the respondent State of Bihar and its functionaries, though the names of learned counsel appearing on their behalf are printed in the daily cause list.

(2.) THE petitioner is aggrieved by the order dated 21.08.2000 (Annexure -3) passed in Encroachment Case No.2 of 2000 - 2001 by the respondent Anchal Akhikari, Narkatiaganj whereby the father of the petitioner Dr. Gaffar was declared encroacher over a plot of land bearing Khata No. 6, Khesra No. 243 area 6 dhurs recorded as gair mazarua malik land in the revenue record and it was directed that he should be given a notice for vacating the land in question. The petitioner is also aggrieved by the appellate order dated 15.04.2005 (Annexure -4) passed by the District Collector, West Champaran, Bettiah in Case No. 72 of 2000 -2001 whereby the appeal preferred against the original order (Annexure -3) was dismissed and the order passed by the respondent Anchal Adhikari, Narkatiaganj was affirmed.

(3.) AT this place, it would be relevant to mention here that earlier this writ petition was heard and finally dismissed by the judgment and order dated 16.08.2005 passed by a Bench of this Court (Coram: Barin Ghosh, J., as his Lordship then was). The petitioner being aggrieved by the aforesaid judgment and order preferred LPA No. 1056 of 2005, which was finally allowed by a Division Bench of this Court by order dated 01.07.2013 and the earlier order dated 16.08.2005 passed by the learned Single Judge was set aside and the matter was remitted back for fresh decision by the writ Court. Accordingly, the matter has been placed for consideration once again before this Court.