Disposed

Bameshwar Singh v. The State Of Bihar and Ors.

Patna HC18 Dec 2014CWJC/10931/2014

Case brief

AI extract

What is this about?

In this writ petition concerning a disputed land plot, the petitioner challenged the State's encroachment proceedings and alleged unauthorized transfer for a training center while a statutory appeal was pending. The Court refrained from deciding the land's nature but directed the Collector to dispose of the appeal expeditiously and allowed interim relief.

What did the court decide?

Director to consider and dispose of Land Encroachment Appeal No.4 of 2013 expeditiously within three months; liberty granted to seek interim relief.

Bameshwar Singh Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10931 of 2014

¶2

======================================================

¶3

Bameshwar Singh, son of late Ram Ayodhya Singh, resident of VillageKotheya, P.S.- Jalalpur, District- Saran.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar.

¶7

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

¶8

The District Magistrate -cum- Collector, Saran at Chapra.

¶9

The Circle Officer, Jalalpur, Saran.

¶10

The Union of India through the Secretary, Ministry of Home, Govt. of Bihar, New Delhi.

¶11

The Director General, Indo-Tibetian Boarder Police, New Delhi. .... .... Respondent/s ====================================================== Appearance :

¶12

For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Rajesh Kumar Verma

¶13

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

¶14

3 18-12-2014 Heard Mr. Prashant Sinha, learned counsel appearing on behalf of the petitioner and Mr. Rajesh Kumar Verma, learned counsel appearing for the respondent nos.5 and 6.

¶15

The dispute pertains to plot of land bearing Khata no.475, Khesra No.2027, Tauzi No.876 situated in MauzaKotheya, Circle- Jalalpur in the district of Saran. Whereas the petitioner claims settlement of the land by the ex-landlord, the State claims the same to be a public land and initiated a land encroachment proceeding against the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956 giving rise to Land Encroachment Case No.11 of 2012-13 which was decided against the petitioner. Being aggrieved the petitioner has preferred statutory appeal bearing Appeal No.4 of 2013 before the Collector, Saran at Chapra and which remains pending and hence this writ petition.

¶16

Mr. Sinha, learned counsel appearing for the

¶17

Patna High Court CWJC No.10931 of 2014 (3) dt.18-12-2014

¶18

¶19

petitioner submits that even when the dispute as regarding nature of the land is pending in appeal, the State endeavours to transfer the land for establishment training centre of Indo Tibetian Boarder Police.

¶20

Be that as it may, since the statutory appeal is pending before the Collector, Saran at Chapra this Court would refrain from expressing any opinion at this stage and the writ petition is disposed of with a direction to the District Magistrate - cum- Collector, Saran at Chapra to consider and dispose of the Land Encroachment Appeal No.4 of 2013 in accordance with law and after giving due opportunity of hearing to the petitioner expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order and taking note of the nature of grievance as regarding the transfer of the land, the petitioner would be at liberty to pray for interim relief pending disposal of the appeal and which shall be considered and disposed of by the appellate authority in accordance with law preferably within a period of four weeks from the date of filing of such application.

¶21

With the observation and directions aforementioned this writ petition is disposed of.

¶22

(Jyoti Saran, J)

¶23

SKPathak/-

¶24

Bameshwar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bameshwar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prakash Paswan Vs The State Of Bihar

Ram Prasad Vs State Of Bihar and Anr.

Kamla Devi Vs The State Of Bihar and Ors.

M/s Shankar Motors Pvt. Ltd. Vs North Bihar Power Distribution Company Ltd. and Ors.

Dadan Singh Vs The State Of Bihar and Ors.

Radhe Shyam Sah Vs The State Of Bihar and Ors.