Disposed

Ram Udgar Sharma v. The State Of Bihar

Patna HC29 Jul 2019CWJC/11764/2019

Case brief

AI extract

What is this about?

In a writ petition regarding encroachment of public land, the Patna High Court directed the Circle Officer, Bahadurpur, which was pending since 2018, to conclude the enclosure proceedings expeditiously within six months after providing opportunity of hearing to all concerned parties.

What did the court decide?

Director the Circle Officer, Bahadurpur to take the pending encroachment case to its conclusion within six months after giving opportunity of hearing to the complainant and encroachers.

Ram Udgar Sharma Vs The State Of Bihar — Landlord and Tenant | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11764 of 2019

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Ram Udgar Sharma, aged about 61 years, Male, Son of late Bauelal Sharma, Resident of Village-Safullaganj, Ward No.12, P.S.-L.N.M. University Darbhanga, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

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The Commissioner, Darbhanga Divisional, Darbhanga.

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The District Magistrate, Darbhanga cum Collector, Darbhanga.

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The Additional Collector, Darbhanga.

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The Depuy Collector, Land Reforms, Darbhanga.

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The Sub Divisional Magistrate cum Officer, Darbhanga Sadar, Darbhanga.

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The Block Development Officer, Bahadurpur, District-Darbhanga.

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The Circle Officer, Bahadurpur, District-Darbhanga.

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The Halka Karamchari, Bahadurpur, Mauja-Bajidpur, District-Darbhanga.

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Mr. Surendra Das, aged about not known, sex-male, Anchal Amin, Bahadurpur. P.S. Bahadurpur, District, Darbhanga.

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Mr. Lal Babu Pandit aged about not known, sex- male, Son of Mr. Mahesh Pandit, resident of Kabirchak, P.S. Lalit Narayan University, DistrictDarbhanga.

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Mr. Jai Prakash Sah, aged about not known, male, son of of Vinod Sah, Resident of Chipaliya P.S. Lalit Narayan University, District - Darbhanga.

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Mr. Rajeshwar Yadav, aged about not known, sex-male, Son of late Ram Prakash Yadav, Resident of Bajidpur, P.S. Bahadurpur, District Darbhanga.

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Dr. Vijay Kumar, aged about not known, male, Son of not known, Central Public School Alalpatti, P.S- Darbhanga, District- Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No 13, Adv. Mr. Rohit Kumar, Adv. For the Respondent/s : Mr. Rakesh Kumar Srivastava, AC to GP-15. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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Date : 29-07-2019

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Patna High Court CWJC No.11764 of 2019 dt.29-07-2019 2/3

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Heard Mr. Manish Kumar No. 13, learned counsel appearing for the petitioner and Mr. Rakesh Kumar Srivastava, learned AC to GP-15 for the State.

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The petitioner complains of encroachment of a public land bearing Khata no. 346, Plot No. 528 (Revisional Survey Khata No. 135, Plot No. 726) of Thana No. 532 Mouja- Bajitpur, Circle Bahadurpur, Block Bahadurpur in the District of Darbhanga.

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Learned counsel for the petitioner in reference to a notice of the Circle Officer, Bahadurpur bearing Memo No. 375 dated 23.02.2018 submits that on a grievance being raised under the Public Grievance Redressal Fourm that the Circle Officer, Bahadurpur has initiated encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 giving rise to case no. 12 of 2017-18 and notices have been issued not only to the Circle Amin to give his report vide Annexure-2 but also to the encroachers as manifest from the notice at Annexure-4 series.

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According to learned counsel for the petitioner, the grievance of the petitioner at present is that despite the proceeding having been initiated, it is yet pending disposal and hence this writ petition.

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Patna High Court CWJC No.11764 of 2019 dt.29-07-2019 3/3

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Having heard learned counsel for the parties and considering that the Circle Officer, Bahadurpur, has already initiated action for removal of encroachment, for the present we would only direct the Circle Officer, Bahadurpur, who is the respondent no. 9 herein, to take the encroachment case so initiated, to its conclusion in accordance with law and after opportunity of hearing to the complainant as well as the alleged encroachers. Since the matter is pending since 2018, let the case be disposed expeditiously and preferably within six months of receipt/production of a copy of this order.

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With the observation/direction above, we dispose of the writ petition.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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Anjula/-

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Ram Udgar Sharma v. The State Of Bihar

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Ram Udgar Sharma v. The State Of Bihar

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