Disposed

Ram Ekbal Sharma and Ors. v. The State Of Bihar and Ors.

Patna HC13 Mar 2013CWJC/3793/2013

Case brief

AI extract

What is this about?

This oral order addresses the High Court of Patna regarding allegations of discriminatory enforcement of encroachment removal laws by respondents. The court disposed of the writ petition with liberty for petitioners to file a representation before the District Magistrate seeking an inquiry into unequal action taken against various villagers and directions for uniform enforcement.

What did the court decide?

Writ application disposed with liberty to file a representation before the District Magistrate for an inquiry into alleged discrimination and subsequent directions for uniform action.

Ram Ekbal Sharma and Ors. Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2013)

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Patna High Court CWJC No.3793 of 2013 (2) dt.13-03-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3793 of 2013

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====================================================== 1. Ram Ekbal Sharma S/O Sri Ram Bilash Sharma Resident Of VillageSonman, P.S- Ghosi, District- Jehanabad. 2. Dinesh Sharma S/O Late Chandra Deep Singh Resident Of VillageSonman, P.S- Ghosi, District- Jehanabad. 3. Ramanuj Sharma S/O Late Khaderan Singh Resident Of Village Sonman, P.S- Ghoshi, District- Jehanabad. 4. Brij Kishoe S/O Hare Krishna Singh Resident Of Village- Sonman, P.SGhosi, District- Jehanabad. 5. Dhirendra Kumar S/O Arun Kumar Resident Of Village- Sonman, P.SGhosi, District- Jehanabad. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Jehanabad. 3. The Sub- Divisional Magistrate, Jehanabad. 4. The Circle Officer, Ghosi, Jehanabad. 5. The Block Development Officer, Ghosi, Jehanabad. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Sunil Kr. Mandal, SC-24 Mr.Bipin Kumar, AC to SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 13-03-2013 Petitioners allege discrimination practiced by Circle Officer and other local officials in measurement of land and taking action for removal of encroachment.

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Learned counsel for the petitioners submits that though the respondents have issued notice to the petitioners to remove the encroachment, they have left out large number of villagers, including persons named in paragraph 9 of the writ application, from any action for removal of encroachment made by them.

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Patna High Court CWJC No.3793 of 2013 (2) dt.13-03-2013

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It goes without saying that the legal action has to be uniformly taken by the public authorities in respect of the violators of law in identical circumstances.

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Learned counsel for the petitioner submits that the petitioner has already filed a representation before the District Magistrate in this regard.

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However, this writ application is disposed of with liberty to the petitioners to file a fresh representation before the District Magistrate, Jehanabad, complaining the discrimination, who shall get a report in respect of action taken by the Circle Officer and other authorities in the matter of removal of encroachment by the villagers of the village and shall thereafter issue necessary directions to the authorities to take uniform action in respect of alleged encroachment made by all the villagers of the village. If the petitioners file a representation before the District Magistrate, the District Magistrate will be well advised to restrain further action in the matter till he gets the reports and passes final orders.

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Arvind/-

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(Jayanandan Singh, J)

Ram Ekbal Sharma and Ors. v. The State Of Bihar and Ors.

Case brief

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Ram Ekbal Sharma and Ors. v. The State Of Bihar and Ors.

Case brief

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