Disposed

Rajendra Paswan v. The State Of Bihar and Ors.

Patna HC4 May 2015CWJC/14869/2014

Case brief

AI extract

What is this about?

In this writ petition challenging land encroachment, the Patna High Court held that the authorities must examine the village representation regarding ownership and encroachment. The Court directed the Collector and other revenue officers to investigate the matter and take appropriate steps within two months without deciding the land's character.

What did the court decide?

Order the Collector, Subdivisional Officer and Block Development Officer to examine the villagers' representation on alleged encroachment and take appropriate steps within two months.

Rajendra Paswan Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14869 of 2014

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====================================================== 1. Rajendra Paswan S/o Late Bhitta Paswan resident of village - Baya, P.S. Bela, District - Sitamarhi .... .... Petitioner/s Versus 1. The State of Bihar, through Principal Secretary Land and Revenue Department, Bihar, Patna 2. The Circle Officer, Anchal Parihar, District - Sitamarhi 3. The Deputy Collector Land Reforms, ( D.C.L.R. ), Sitamarhi Sadar, District - Sitamarhi 4. The Collector, Sitamarhi 5. The Superintendent of Police, Sitamarhi 6. Rijaullah S/o Md. Moslim

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Sakina W/o Md. Ayub @ Hakaiyma 8. Md. Motim S/o Md. Iliyas 9. Jamshed S/o Md. Navijan 10. Khurshaid S/o Md. Navijan 11. Chhote S/o Taslim @ Sohelajan 12. Havir S/o Teslim @ Sahebjan 13. Hasim S/o Abdul 14. Khairoon S/o Zabir 15. Most. Chandrakala Devi W/o Late Birju 16. Lale S/o Sahebjan 17. Md. Samora S/o Late Munan

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Md. Mokim S/o Manjoor Sheikh Respondent No. 5 to 19 are the resident of village - Baya, Anchal Parihar, P.S. Bela, District - Sitamarhi 19. Gulam Mustafa @ Asraf Ali, Mukuia, Gram Panchayat Chayat - Baya Anchal - Parihar, District - Sitamarhi .... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar For the Respondent/s : Mr. Aag-10 P.N.Shahi

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 04-05-2015 The petitioner states that 40 decimals of land in Plot No. 1179, Khata No. 768 of village Baya in Sitamarhi District has been encroached by respondent nos. 6 to 18, and the same has resulted in serious public inconvenience. It is stated that the

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Patna High Court CWJC No.14869 of 2014 (2) dt.04-05-2015

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villagers submitted a representation before the District Collector, Sitamarhi with a prayer to clear the encroachment, but no action has been taken thereon.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The question as to whether the land, referred to above, is owned by the Government, and if so, whether it is encroached by respondent nos. 6 to 18, causing inconvenience, needs to be examined by the Collector. It is the duty of the authorities of the Revenue Department in the District to protect the Government land. As things stand now, this Court do not intend to make any comment as to the character of the land.

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Hence, this writ petition is disposed of, directing the Collector, Subdivisional Officer and the Block Development Officer to examine the representation submitted by the villagers as regards the alleged encroachment into aforesaid Plot and take appropriate steps within a period of two months from today. If it is decided to evict the encroachers, the procedure prescribed under law should be followed.

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B.Roy/-

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(L. Narasimha Reddy,CJ)

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(Sudhir Singh, J)

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Rajendra Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rajendra Paswan v. The State Of Bihar and Ors.

Case brief

What is this about?

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