CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 07-10-2024 The above appeals arise from three writ petitions respectively; C.W.J.C. No.17689 of 2022 by two writ petitioners, C.W.J.C. No.17688 of 2022 by 37 writ petitioners and C.W.J.C. No. 8727 of 2024 by one writ petitioner. The appellants are aggrieved with the judgment of the learned Single Judge, which refused interference to the show-cause notices issued under Bihar Public Land Encroachment Act , 1956 (for brevity ‘Encroachment Act’) in encroachment cases before the Circle Officer, Purnea East. There was also allegation in CWJC No.17689 of 2024 that some structures were forcibly demolished without proper notice, even under the Encroachment Act.

2. The identical contention raised by the different petitioners was that the very same property was twice attempted to be evicted under the Public Land Encroachment Act, once in the year 1953 and then in the year 1973, both of which were resisted by the land-owners; at the first instance by the predecessors-in-interest of the writ petitioners. At the first instance, it was categorically found by the various hierarchical authorities under the Encroachment Act; except the first appe