IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6800 of 2008 1. (i) NAJMA KHATOON (ii)NANHE KHAN (iii)RIZWAN KHAN (iv)BAIBUN KHATOON 2. AMIN GAFFAR @ MUNNA, SON OF ISUDDIN MIAN. 3. QUAMRUDDIN MIAN @ QUAMRUDDIN SON OF AZIZ MIAN. ALL RESIDENT OF VILLAGE- MOHIUDDIN PUR, P.S. MUFASSIL, SIWAN, DISTRICT- SIWAN. … PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SIWAN. 3. THE ANCHAL ADHIKARI, SADAR ANCHAL SIWAN, DISTRICT- SIWAN. … RESPONDENTS. ----------- 8. 04.1.2011 Heard learned counsel for the petitioner, State and Secretary of the managing committee which has been constituted under memo no. 1435 dated 8.10.2007 to manage the Wakf (Burial place). 2. Petitioners have been held to be the encroachers of the lands in question which is a burial place and have been directed to be evicted therefrom under different orders passed in Encroachment Case no. 12 of 2006-2007, final order appears to be dated 12.4.2007/21.5.2007. By filing counter affidavit the complete order sheet maintained in the said encroachment case has been placed on record by the State-Respondent. The order evicting the petitioners from the lands in question is appealable in terms of the provisions contained in Bihar Public Land Encroachment Act. The writ petition is, accordingly, disposed of directing the petitioners to avail the remedy of appeal against the orders passed in Encroachment Case no. 12 2 of 2006-2007. The appellate court should condone the delay in filing the appeal provided the appeal is filed annexing a copy of this order within 30 days from the date of receipt of a copy of this order. Request for grant of interim relief be considered by the appellate authority in accordance with law. 3. The writ petition is disposed of with the aforesaid observation and direction. Ibrar/- ( V.N. Sinha, J.)