SHAILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State and the private respondent.

(2.) Founding father never thought that the authorities of the State will render the Constitutional rights of equality to a mere farce. The Circle Officer in the instant case has acted in the manner as if he is imperium in imperio and the mandate of law hardly binds him. The kind of order the Court proposes to pass, does not require detailed narration of facts. Undisputed premises of fact in the instant case is that in an encroachment proceeding notice was issued on 9.4.2015 to the petitioner. Thereafter the petitioner filed an application for grant of some time on 15.4.2015 but the Circle Officer has demolished the structure of the petitioner on 17.4.2015.

(3.) Mr. Dronacharya, learned counsel for the petitioner has referred to the provisions of Section 3 of the Bihar Public Land Encroachment Act (hereinafter referred to as 'the Act'). For ready reference relevant part of Section 3 of the Act is quoted below:-