Patna, Mar 11 The Patna High Court has directed the Bihar government to stay the eviction of a woman belonging to the Mahadalit community from a settlement in Begusarai district till further orders.
The bench of Justice Ajit Kumar issued the direction to the state government on Tuesday following a petition from Saroj Devi, a resident of a Musahar settlement at Jaimangla Garh in Cheriabariyarpur area of Begusarai.
The Musahars are one of the state's most deprived Mahadalit communities.
"Learned counsel for the petitioner submits that without initiating proceedings under Section 3 of the Bihar Land Encroachment Act, 1956 (for brevity 'Act of 1956'), the Circle Officer, Cheriabariyarpur, straightaway issued a notice under Section 6(2) of the Act of 1956 and directed the petitioner to remove the encroachment, which according to the petitioner, is not an encroachment over public land but rather they are parcha holders," the order said.
At this stage, learned counsel for the state submits that the case may be adjourned, enabling them to seek instructions to apprise this court of the factual position regarding whether the proceedings required under the Bihar Public Encroachment Act, 1956 have been initiated, it said.
"On the submissions made by the counsel for the state, this case is being adjourned for four weeks and the state counsel is expected to inform the circle officer, Cheriabariyarpur, not to implement the removal of the encroachment until the next date of hearing. The case will be heard on April 7," Justice Kumar said in the order.
