ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 19-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ application has been filed as a Public Interest Litigation (PIL) seeking direction for removal of encroachments over alleged public lands.

3. The petitioner has disclosed the details of the land, which is irrelevant having regard to the nature of order that we propose to pass in the instant proceedings.

4. The Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act”) provides remedy for removal of encroachment from public lands. Section 4 of the Act allows an opportunity to the noticee (petitioner) to raise any defense which they could have raised if they were defendants in a properly framed suit for removal of encroachment. The Act also provides an opportunity of hearing under Section 5; as well as the consequences of non-appearance in the proceedings.

5. It is only after observing the above procedure that final order is to be passed by the Collector under Section 6 of the Act, either dropping the proceedings or passing orders for ensuring removal of encroachment, damages or otherwise. The order of t