Disposed

Shashi Shekhar @ Shashi Shekhar Bhagat and Ors. v. Hemant Kumar Singh and Ors.

Patna HC11 Aug 2015CR. MISC./9461/2012

Case brief

AI extract

What is this about?

Patna HC directed the lower court to obtain a map and measure disputed land between Railway allottees and private parties to decide boundary encroachment without causing inconvenience, rather than quashing the proceedings.

What did the court decide?

Directing the lower court to measure disputed lands via Amin within six weeks and pass appropriate order.

Shashi Shekhar @ Shashi Shekhar Bhagat and Ors. Vs Hemant… — Land Acquisition | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No.9461 of 2012

¶3

Arising Out of PS.Case No. 642 Year- 2011 Thana -null District- BHAGALPUR

¶4

=========================================================== 1. Shashi Shekhar @ Shashi Shekhar Bhagat S/O Mahendra Bhagat R/O Naugachia Bazar, P.S.Naugachia

¶5

Naresh Sah@Naresh Saw S/O Late Adhik Saw R/O Ujaini

¶6

Shamsher Khan S/O Late Nazib Khan R/O Mania, More

¶7

Karu Poddar @Karu Saw S/O Etwari Poddar R/O Tetri

¶8

Parmanand Jaiswal S/O Asharfi Bhagat, all are of P.S. Naugachia Under , DisttBhagalpur

¶9

.... .... Petitioner/s Versus

¶10

Hemant Kumar Singh S/O Late Mathura Prasad Singh

¶11

Vijay Kumar Singh S/O Umanath Prasad Singh

¶12

Ajay Kumar Singh S/O Late Baidyanath Prasad Singh

¶13

Ujjawal Kumar Singh S/O Late Ashok Kumar Singh

¶14

Anshuman S/O Anjani Kumar Singh. All are R/O Pakra, P.S.Naugachia, DisttBhagalpur

¶15

Union Of India through the East Central Railway Through Its Divisional Railway, Manager (Enginering) Sonepur, P.S. Sonepur, Distt- Saran at Chapra

¶16

The State Of Bihar

¶17

.... .... Opposite Party/s

¶18

=========================================================== Appearance : For the Petitioner/s : Mr. Harendra Kumar Tiwary, Advocate For the State : Mr. Ashraf Ansari, APP For private Opposite Parties : Mr. Subodh Kumar, Advocate

¶19

Mr. Ranjan Kumar, Advocate

¶20

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

¶21

Date: 11-08-2015

¶22

The Petitioners seek quashing of the order dated

¶23

17.9.2011 passed by the S.D.O., Naugachia, District Bhagalpur in Case No.642 of 2011, by which he has converted a proceeding under Section 144 Cr.P.C. to one under Section 145 Cr.P.C. and granted status quo till disposal of the proceeding.

¶24

The background facts are that the Petitioners had been

¶25

Patna High Court Cr.Misc. No.9461 of 2012 dt.11-08-2015

¶26

2/3

¶27

allocated a certain piece of land for construction of shops. However, they exceeded their boundaries and encroached upon the land of the private Opposite Parties, on account of which a proceeding under Section 144 Cr.P.C. was initiated as mentioned above.

¶28

The Counsel for the Petitioners submits that in fact the Petitioners had initially been allocated a certain piece of land by the Railway Department, which was later on acquired by them since the Station was being modernized. Subsequently the Railways reallocated them some land. The Railway Department was not heard by the Court below but they have appeared here and support the stand of the Petitioners.

¶29

On the other hand, the Counsel for the Opposite Parties submits that the Petitioners had encroached upon their lands and there was serious apprehension of breach of peace and hence the order be not set aside.

¶30

In the circumstances mentioned above, the Court below is directed to consider the map forwarded by the Railway Department and get the lands measured by Amin within six weeks from the date of receipt of this order and pass appropriate order so that no party is inconvenienced in any manner.

¶31

Since the order is passed in the presence of Railway Department, it will be incumbent upon him to file a map without it

¶32

Patna High Court Cr.Misc. No.9461 of 2012 dt.11-08-2015

¶33

3/3

¶34

being noticed by the Court below.

¶35

With the aforesaid observations, the application is disposed of. (Anjana Prakash, J) Narendra/U T

Shashi Shekhar @ Shashi Shekhar Bhagat and Ors. v. Hemant Kumar Singh and Ors.

Case brief

What is this about?

What did the court decide?

Shashi Shekhar @ Shashi Shekhar Bhagat and Ors. v. Hemant Kumar Singh 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

Abhinandan Kumar Abinashi @ Ambika Singh and Anr. Vs State Of Bihar and Anr.

Smt. Kalyani Kunwar @ Rani and Ors. Vs the State of Bihar and Anr.

Amarendra Kumar and Anr. Vs State Of Bihar and Anr.

Shashi Bhushan Singh and Anr. Vs the State of Bihar and Anr.

Billu Kumari and Ors. Vs the State of Bihar and Anr.

Bachan Singh Vs the State of Bihar and Anr.