CWLJC disposed of a plea regarding private encroachment over public land by directing the petitioner to approach the Circle Officer under Bihar Public Land Encroachment Act, while reserving judgment on merits.
Permitted to approach concerned Circle Officer to register encroachment case under the Bihar Public Land Encroachment Act, 1956.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11486 of 2018
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Shivkant Kumar, son of Sri Dinesh Prasad Singh, resident of Village Behind Math, Sultanpur, Danapur, P.S. Danapur, District Patna.
...... Petitioner
Versus
... ... Respondents
Patna High Court CWJC No.11486 of 2018(2) dt.10-07-2018 2/3
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Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Advocate For the Respondent/s : Mr. Anjani Kumar -AAG 4
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 10-07-2018
Learned counsel for the petitioner is permitted to make necessary correction in the cause title. Correction be carried out during the course of the day.
Inter alia contenting that there is an encroachment over plot no.627 situated in village of Byapur, P. S. Maner, SubDivision-Danapur, this application has been filed for removal of the encroachment and it is alleged that private respondent nos.16 to 20 are responsible for the encroachment.
If that be so, the petitioner may file a certified copy of this order along with detailed representation before the Circle Officer concerned, namely respondent no.13 and on the same being done, respondent no.13 shall register a case as encroachment case under the Bihar Public Land Encroachment Act, 1956 and proceed to remove the encroachment in accordance with law. We may indicate that we have not expressed any opinion on the merits of the allegation made. It is for the Circle Officer to proceed in accordance with law, hear all
Patna High Court CWJC No.11486 of 2018(2) dt.10-07-2018 3/3
concerned and thereafter decide the question of encroachment in
accordance with law preferably within a period of six months.
With the aforesaid, the matter stands disposed of.
(Rajendra Menon, CJ)
( Rajeev Ranjan Prasad, J)
Sunil/-
U
Shivkant Kumar
The Union of India through the Ministry of Rural Development Department of Rural Development
Sri Shyam Bihari
Sri Ram Bihari
Sri Tunni Rai
Sri Surya Rai
Rajendra Menon
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
