Disposed

Bishwanath Tiwari v. The State Of Bihar and Ors.

Patna HC13 Sept 2018CWJC/18327/2016

Case brief

AI extract

What is this about?

In this writ petition under Article 226 of the Constitution, the petitioner prayed for removal of illegal encroachment by a private respondent on public road land. The court observed the dispute appeared mixed with private property issues, denying its own jurisdiction. It directed the Circle Officer to register an encroachment case under the Bihar Public Land Encroachment Act, 1956 and conclude it

What did the court decide?

Directed the Circle Officer to register an encroachment case under the Bihar Public Land Encroachment Act, 1956 and conclude it within six months, passing a final order after giving an opportunity to

Bishwanath Tiwari Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18327 of 2016

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

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Bishwanath Tiwari Son of Late Gopal Prasad Tiwari Resident of village - Bishunpur Jiv Narayan, P.S. Paroo, District Muzaffarpur

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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 Collector, Muzaffarpur

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The Circle officer, Paroo, Muzaffarpur

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The Anchal Amin, Paroo Circle, Muzaffarpur

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Mahesh Tiwari Son of Parshuram Tiwari Resident of village - Bishunpur Jiv Narayan, P.S. Paroo, District Muzaffarpur

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The Commissioner-Cum-Arbitrator, Patna Division, Patna.

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The District Magistrate-Cum- Collector, Kaimur (Bhabua).

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The Competent Authority-Cum-District Land Acquisition Officer, DistrictKaimur(Bhabua).

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The Superintending Engineer, Department of Building Construction ,Building Circle, Ara,District- Bhojpur(Bihar).

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The Executive Engineer, Building Construction Department, Building Division, Bhabua, District- Kaimur(Bhabua).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar For the Respondent/s : Mr. Sajid Salim Khan-SC25 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5 13-09-2018 By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ/order directing the respondent-authorities to remove the

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Patna High Court CWJC No.18327 of 2016(5) dt.13-09-2018 2/3

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illegal encroachment made by the private-respondent No. 5 upon the public road land pertaining to Khata No. 240, Khesra No. 1260 situated in Village – Bishunpur Jiv Narayan, P.S. and Circle Paroo Revenue Thana No. 316 District – Muzaffarpur.

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From perusal of the records, it appears that the District Magistrate found that the case appears to be mixed up of private/public property disputes. The District Magistrate observed that as to the private nature of the property dispute, the Court cannot proceed any further for want of jurisdiction. The District Magistrate further observed that so far as encroachment of public land is concerned, the remedy lies in an antiencroachment proceeding to be drawn up by the Circle Officer.

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It appears that thereafter though the Circle Officer directed the Amin to have the measurement so as to ascertain on which public road/land, encroachment has been made. However, it appears that thereafter nothing further has been done.

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In view of the above, we dispose off the present writ petition by directing the Circle Officer to register a case as Encroachment Case under the provisions of Bihar Public Land Encroachment Act, 1956 with respect to the encroachment made on any public road/land and the same may be concluded within a period of six months from today and pass a final order after

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Patna High Court CWJC No.18327 of 2016(5) dt.13-09-2018 3/3

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giving opportunity to all concerned in accordance with law and

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on its own merits.

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With the aforesaid observation/direction, the present

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petition stands disposed off.

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(Mukesh R. Shah, CJ)

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( Ashutosh Kumar, J)

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skm/-

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Bishwanath Tiwari v. The State Of Bihar and Ors.

Case brief

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Bishwanath Tiwari v. The State Of Bihar and Ors.

Case brief

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