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2017 DIGILAW 1301 (PAT)

Sachidanand Jha, Son of Late Madhusudan Jha v. State of Bihar, through Principal Secretary, Land Record & Surveys

2017-10-06

DINESH KUMAR SINGH

body2017
ORDER : 1. Heard Mr. Mukesh Kumar, learned Counsel appearing on behalf of the petitioners and Mr. Kumar Manish, learned SC-5, appearing on behalf of respondent – State. 2. The present Writ application has been filed for a direction to the respondent authorities to implement the order dated 07.04.2015, passed by respondent no.3, the Deputy Collector Land Reforms, Sadar, Munger, in Land Dispute Redressal Case No. 72/2013-14, whereby respondent no.4, the Circle Officer, Sadar, Munger, has been directed to get the land of the petitioner measured and remove the encroachment made by respondent nos. 5, Rajesh Kumar Rai from the land of the petitioner. 3. There is specific provision for execution of order passed by the competent authority under Section 15 of the Bihar Land Disputes Redressal Act, 2009 (hereinafter referred to as the ‘Act’), which reads as under :- “15. Execution of the order passed by the competent authority-(1) The Competent Authority shall execute the order passed by him subject to order if any passed in appeal; Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorize any other officer or employee to execute the same. (2) In case of unauthorized and unlawful dispossession of any settlee/allotttee under any Act contained in the schedule I of the Act or of any owner of raiyati land, the Competent Authority shall execute his order passed under this Act by deputing a Revenue Officer under his jurisdiction and directing the Officer-In-charge of the concerned police station to depute a police officer with adequate police force.” 4. However, there is nothing on record to suggest that the petitioner has moved before the competent authority for getting the impugned order executed. 5. In the circumstances, the Writ application is disposed of with a liberty to the petitioner to avail the appropriate remedy available under the Act.