ZILA PARISHAD DHANBAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) In this writ application the petitioner has challenged the maintainability of the appeal being Encroachment Appeal No. 99 of 2005, pending before the Commissioner, North Chhotanagpur Division, Hazaribagh, filed by the respondent nos. 3 and 4 herein under section 11 (2) of the Bihar Public Land Encroachment Act, 1956 (herein after referred to as B.P.L.E. Act), against the order dated 31.8.2005 which has been passed by the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Dhanbad contained in Annexure-1 to the writ application.

(3.) It is submitted on behalf of the petitioner that the said Encroachment Appeal, which has been filed by the respondent nos. 3 and 4 is not maintainable in view of the fact that the order contained in Annexure-1 dated 31.8.2005 challenged in the said appeal is not a final order passed by under B.P.L.E. Act, rather it is an administrative order and, therefore, the encroachment appeal filed by the respondent nos. 3 and 4 pending before the Commissioner, North Chhotanagpur Division, Hazaribagh, is not maintainable.