AZIM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONERS by way of filing the present writ petition under Article 226 of the Constitution of India have prayed for quashing and setting aside the order dated 21.8.2012 (Annexure-2) and dated 24.12.2012 (Annexure-3) received on 14.3.2013 passed by the respondent No.3 in Encroachment Case No. 03/2012-13 under Section 6 of the Bihar Public Land Encroachment Act, 1956, whereby petitioners have been asked to remove the alleged encroachment. Heard the learned counsel for the petitioners as well as respondents-State Government. It is submitted that order passed by the Circle Officer is appealable under Section 11 of the Bihar Public Land Encroachment Act now Jharkhand Public Land Encroachment Act. It is further submitted that every order passed under Sections 6, 7 or 8 of the Act are appealable under Section 11 of the Act. Therefore, petitioners are having alternative efficacious remedy to file an appeal against the order passed under Section 6 and 7 of the Act by the Circle Officer.

(2.) IN view of aforesaid position, petitioners are required to prefer an appeal before the appellate authority as provided under Section 11 of the Act. Learned counsel for the petitioners has submitted that he needs at least two weeks' time to prefer an appeal and therefore, during the intervening period, he has prayed for grant of interim protection so that his right of appeal may not be affected adversely during the intervening period. Considering facts and circumstances of the present case, interim relief is required to be granted till the petitioners approach the appellate authority.

(3.) AS and when, the appeal is preferred by the petitioners, the appellate authority shall deal with and decide the appeal in accordance with law and shall also take up the application for grant of stay on priority basis preferably within two weeks as the ad-interim protection has been granted by this Court is limited for a period of two weeks. It is further clarified that appellate authority shall deal with and decide the appeal and application for grant of interim relief that may be filed before it in accordance with law on its own merit without being influenced by the order passed by this Court in the present writ petition. With the aforesaid observation and direction, this writ petition stands disposed of.