Disposed

Chiranji Lal Tibrewal and Ors. v. the State of Bihar and Ors.

Patna HC23 Feb 2015CWJC/9260/1998

Case brief

AI extract

What is this about?

Regarding unlawful demolition of petitioner's structure on Plot No.4826 without notice or proceeding, the Patna High Court order remanded the matter to the Collector to initiate fresh proceedings under the aforesaid Act after proper notice and hearing.

What did the court decide?

Application remanded to the Collector to initiate fresh proceedings with proper notice and hearing.

Chiranji Lal Tibrewal and Ors. Vs the… — Constitutional and Fundamental Rights | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9260 of 1998

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

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1.Chiranji Lal Tibrewal son of Late Jhawar Mal Tiberibal.

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2.Shyam Sundar Pd. Tibarewal s/o Late Mahabir Prasad Tiberewal.

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3.Rajendra Pd. Tibrewal son of Late Jhabarmal Tibrewal

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Ram Ratan Prasad son of Late Nandlal Prasad Choudhary

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Bimal Kumar Choudhary son of Late Lachhu Choudhary.

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Santosh Kumar Lohiya son of Sri Niranjan Lohiya 7. Pramod Kumar Bhageria son of Sri Kailash Prasad Bhhageria. 8. Om Prakash Choudhary son of Late Matadin Choudhary 9. Promod Lohiya son of Sri Nirranjan Lohiya 10.Umesh Chandra Sharma son of Late Ram Dhyan Singh 11. Yogendra Thakur son of Late Jagdish Thakur 12.Binod Poddar son of Late Girdhary Poddar 13.Jagdish Prasad Srivastava s/o Late Rajeshwar Prasad. 14.Govind Prasad Kejariwal son of Parmeshwar Pd. Kejariwal 15.Md. Manjoor Alam son of Late Safique Mian 16. Vishnu Kumar Sharma son of Late 17.Shankar Lal Kejariwal son of Late Sri Lal Kejriwal. 18.Kameshwar Prasad Gupta son of Sri Sitaram Sah 19.Sukal Roy son of Late Budhu Ray. All residents of Jhanjharpur(R.S.) Lakhnour, District-Madhubani. .... .... Petitioner/s

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Versus

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1.The State of Bihar 2.The Chief Secretary Govt. of Bihar 3.The Home Secretary Govt. of Bihar, Patna. 4.The District Magistrate / Collector, Madhubani. 5.The Subdivisional Officer, Jhanjharpur, Distt. Madhubani. 6.The Additional Collector, Madhubani. 7.The Land Reforms Dy. Collector (DCLR), Jhanjharpur, Madhubani. 8.The Block Development Officer, Lakhnour Block, Madhubani. 9.The Circle Officer, Lakhnour Block, Madhubani. 10.The Circle Inspector, Lakhnour Block, Madhubani. 11.The Superintendent of Police, Madhubani. 12.The Dy.Superintendent of Police, Jhanjharpur, Madhubani. 13.The Officer-in-Charge, Jhanjharpur Sivir Police Station, Jhanjharpur (R.S.), Madhubani. 14.The Officer-in-Charge, Lakhnour Police Station, Madhubani. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kameshwar Prasad Gupta Mr. Murli Manohar Singh Mr. Surendra Kumar Mr. Suresh Prasad Singh For the Respondent/s : Mr. (Sc9) Mr. H.S.Himkar ======================================================

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Patna High Court CWJC No.9260 of 1998 (13) dt.23-02-2015

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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13 23-02-2015

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Heard the counsel for the petitioners and the counsel

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for the State.

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In this case the petitioners are claiming that they have constructed their houses over Plot No.4826. Though the writ application was filed with respect to different plots as Plots No.6813, 6719 to 6728, 4822, 4823, 4824, 4825, 4827 and 8311 claiming to be an area 4 acres 78 decimals and later on the petitioners have filed an interlocutory application bearing I.A.No.11087 of 1999.

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In view of the submission made in the counter affidavit filed by the State that no proceeding was initiated with respect to Plots No.6813, 6719 to 6728, 4822, 4823, 4824, 4825, 4826, 4827 and 8211 and, as such, this Court has admitted this case vide order dated 7.12.1998 with respect to the Plot No.4826.

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The counsel for the petitioners has submitted that respondents have demolished their permanent structure without initiating any proceeding and that too without giving any notice and has further stated that MahdeoLal and others had earlier approached this Court in C.W.J.C.No.885 of 1975 and this Court in Division Bench had held that the petitioners were entitled to 4 bighas, 8 kathas and 10 ¾ dhoors, with regard to other 3 bighas, 4

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Patna High Court CWJC No.9260 of 1998 (13) dt.23-02-2015

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kathas and 5 ¼ dhoors the State was given an opportunity to settle the same. With respect to the Plots No.6813 and 6814 it has been held that the proceeding under Section 4 (h) of B.L.R. Act was decided in favour of aforesaid writ petitioners. Later on Mahadeo Lal again approached this Court in C.W.J.C. No.226 of 1977 thereby vide order dated 29.1.1977 this Court held that whenever they want to remove any structure in the name of encroachment they will have to proceed in accordance with law.

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As in the present case, as per the counter affidavit as claimed by the State that they were given notices under Section 3 of the Land Encroachment Act and only thereafter respondents started encroachment proceeding and in pursuance thereof permanent structure has been removed but vehemently opposed by the petitioners stating that at no point of time they have received any notice with regard to proceeding for removal of the encroachment under the Bihar Land Encroachment Act. The matter has become very old one, this Court feels that the matter be remanded to the Collector under the Act. If the Collector intends to remove the encroachment from the Public land as has been claimed in the counter affidavit that it is a gairmajarua Aam rasta, first they will have to initiate a proceeding under the aforesaid Act afresh, after giving them proper notice and hearing, the authorities

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Patna High Court CWJC No.9260 of 1998 (13) dt.23-02-2015

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will pass order in accordance with law. This application has been confined with respect to Plot No.826.

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With the aforesaid observation/direction this writ

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application is disposed of.

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(Shivaji Pandey, J) AnilKrSinha/-

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Chiranji Lal Tibrewal and Ors. v. the State of Bihar and Ors.

Case brief

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Chiranji Lal Tibrewal and Ors. v. the State of Bihar and Ors.

Case brief

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