JAWAHAR SAH @ JAWAHAR LAL PRASAD, SON OF LATE DEVANAND SAH ALIAS LATE DEVNANDAN SAH & ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Parties.

(2.) It appears from the record that final order under Section 6 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act") was passed on 101.2016 but the notices under Form II were issued on 29.12015 without any final order having being passed on that date.

(3.) However, since the order was passed without any final order having been passed, therefore, the entire proceeding against the petitioners is quashed and set aside. In fact, the order passed on 12.01.2016 is not a final order passed by the authority under Section 6 of the Act rather it is stated in the order that since notices under Form II were issued but the encroachers have refused to accept such notices, therefore, coercive steps are to be taken against the encroachers for removal of encroachment. It does not appear from the entire record that any order has been passed under Section 6 of the Act declaring that the petitioners are encroachers and they are required to be removed. Records also do not show that the petitioners were given any opportunity of hearing in the matter in terms of the Section 5 of the Act.