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MOHIT KUMAR SHAH
Ramakant Mishra, S/o. Sita Ram Mishra – Appellant
Versus
State of Bihar through its Principal Secretary, Land Reforms Department – Respondent
JUDGMENT :
(Mohit Kumar Shah, J.)
The present writ petition has been filed for quashing the notices dated 03.03.2020, 09.05.2020 and 07.07.2020, issued by the Circle Officer, Nauhatta i.e. the respondent no. 5, whereby and whereunder the petitioners have been directed to remove the encroachment from the land appertaining to Thana No. 626, Khata No. 274, Khesra No. 1123 and 1133 situated at Mauja-Panduka, P.S. Chutiya, District-Rohtas.
2. The brief facts of the case, according to the petitioners are that after receiving the aforesaid notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act, 1956’), the petitioners and others had visited the Circle Officer, Nauhatta i.e. the respondent no. 5 and had filed their objections regarding measurement of the land in question, however, no heed was paid and instead notice under Section 6(2) of the Act, 1956 has been issued, which is illegal.
3. It is further submitted by the learned counsel for the petitioners that again a notice dated 03.05.2024 has been issued to the petitioners to remove the encroachment in question, in connection with Encroachment Case No. 6 of 2023-24. It is the contention o
The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.
The central legal point established in the judgment is the requirement for due process and enquiry before making a decision under the Act, 1956, and the right of the petitioner to file objections/rep....
The central legal point established in the judgment is the requirement for procedural fairness and adherence to the prescribed procedure under the Bihar (now Jharkhand) Public Land Encroachment Act, ....
The importance of proper service of notice and the limitations of adjudicating factual aspects in writ jurisdiction.
The main legal point established in the judgment is that the prescribed procedure under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 must be followed before taking any coercive action....
Procedural impropriety in issuing notices under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 without conducting a hearing as required under Section 5.
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