Disposed

Jagiya Devi and Anr. v. The State Of Bihar and Ors.

Patna HC18 May 2015CWJC/3679/2015

Case brief

AI extract

What is this about?

In a public interest writ petition alleging land encroachment, the Patna High Court directed the Circle Officer to conclude pending removal proceedings within six months, allowing petitioners to participate, without expressing a final view on the encroachment allegation.

What did the court decide?

Directed Circle Officer to conclude encroachment proceedings within six months; permitted petitioners to participate.

Jagiya Devi and Anr. Vs The State Of Bihar and Ors. — Patna HC (2015) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3679 of 2015

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Jagiya Devi Wife of Mohar Mahto,the Ward Member, Ward No. -9, Bankati, resident of Vill- Bankati North, P.O.- Mahua, P.S.- Baikunthpur, District- Gopalgang.

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Anil Kunwar, son of Late Shatrughan Kunwar, resident of Vill- Bankati North, P.O.- Mahua, P.S.- Baikunthpur, DistrictGopalgang.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The District Magistrate , Gopalganj.

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The Deupty Development Commissioner, Gopalganj.

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The Sub Divisional Magistrate, Gopalganj.

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The District Engineer, Gopalganj.

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The Circle Officer, Baikunthpur, Gopalganj.

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Kashi Thakur, son of Late Binda Thakur

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Bipin Thakur

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Sudesh Thakur

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Rajendra Thakur

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Dhurendra Thakur All sons of Kashi Thakur All Resident of Village- Bankati, P.O.- Mahua, P.S.-Baikunthpur, DistrictGopalganj.

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Awadhesh Kumar Pandit For the Respondent/s : Mr. Ga13- Smt. N. Mishra

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Patna High Court CWJC No.3679 of 2015 (2) dt.18-05-2015

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2 18-05-2015

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This writ petition has been filed as a public interest litigation complaining that the Government land bearing Khata No. 740, Plot No. 482 of Mauza-Bankati, Gopalganj, was encroached by respondent nos.7 to 11, and though the representation has been filed by the petitioners. Copies of the representation as well as the letter addressed to the District Engineer, Zila Parishad, dated 12-6-2013 are annexed.

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

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Even according to the petitioners, the representation made by them was acted upon, and the corresponding proceedings ensued in this behalf. Learned senior Government Advocate submits that proceedings for removal of encroachment has already been initiated before the concerned authority and they are at an advanced stage.

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This Court does not express any final view on the allegation made by the petitioners at this stage. The matter is now pending before the concerned authority for removal of encroachment. The petitioners can participate in those proceedings and express their point of view

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Therefore, we dispose of this writ petition, directing that the Circle Officer, respondent no.6, before whom the said

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Patna High Court CWJC No.3679 of 2015 (2) dt.18-05-2015

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proceeding is pending, shall conclude the same within six months from the date of receipt of a copy of this order.

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(L. Narasimha Reddy,CJ)

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(Sudhir Singh, J)

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B.K.Roy

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Jagiya Devi and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Jagiya Devi and Anr. v. The State Of Bihar and Ors.

Case brief

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