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Judgment
Heard learned counsel for the petitioner and the State.
Original records have been produced.
The order has been passed on 24.1.2017 directing the petitioner to remove encroachment. However, it appears that without availing the statutory provision of alternative remedy of appeal, the petitioner filed this writ application.
However, at the same time, it appears that sufficient time was not given to the petitioner for filing an appeal as order was passed on 24.1.2017 and the notice was also issued on the same day under Form II for removal of encroachment on 10.2.2017 whereas Section 11 of the Bihar Public Land Encroachment Act, 1956 provides that appeal would lie against the order passed by the Collector under the act under Section 6 of the aforesaid Act within 30 days of passing of the order.
Accordingly, the petitioner is directed to approach the appellate authority within 30 days from now against the order dated
24.1.2017. He may take all the grounds which would be available to him under law.
Let operation of Annexure 1 would remain stayed till the period of 45 days from today.
In the meantime, the petitioner may file appeal and, thereafter, may file an application before the appellate authority for grant of interim relief which should be considered by the competent authority on its own merit and in accordance with law without being prejudiced by the present order.
This disposes of the writ application.