Allowed

Kaushlendra Kumar Yadav v. The State Of Bihar and Ors.

Patna HC15 Mar 2019CWJC/1444/2018

Case brief

AI extract

What is this about?

In this PIL alleging encroachment on public Gair Mazarua Malik land, the High Court allowed the petitioner to file a complaint enclose the police report. The authorities were directed to consider the application within six months following due hearing, disposing of the writ petition.

What did the court decide?

Petitioner allowed to file a complaint enclosing the Circle Amin report before the Circle Officer, to be disposed of within six months with hearing.

Kaushlendra Kumar Yadav Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1444 of 2018

¶2

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

¶3

Kaushlendra Kumar Yadav Son of Sadan Yadav, Resident of VillageMathiya, P.S.- M.H. Nagar, District- Siwan.

¶4

... ... Petitioner

¶5

Versus

¶6

The State Of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna

¶7

Commissioner, Chhapra.

¶8

District Magistrate, Siwan.

¶9

Sub-Divisional Magistrate, Maharajganj, Siwan.

¶10

Block Development Officer, Daroundha, Siwan.

¶11

Circle Officer, Daroundha, Siwan.

¶12

... ... Respondents

¶13

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

¶14

Appearance :

¶15

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Respondent/s : Mr. Anil Kumar Sinha -Ga1

¶16

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

¶17

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

¶18

HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

¶19

ORAL ORDER

¶20

(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

¶21

2 15-03-2019 Heard the parties.

¶22

This Public Interest Litigation has been filed alleging encroachment, on a Gair Mazarua Malik land bearing Khata No. 18, Survey No.200 ad-measuring 1 bigha 19 katha and 5 dhurs situated in village Mathiya, P.S. M.H.Nagar, in the district of Siwan.

¶23

According to the petitioner, this piece of land is encroached by antisocial elements. Learned Counsel for the petitioner invites the attention of the Court to the report of the

¶24

Patna High Court CWJC No.1444 of 2018(2) dt.15-03-2019 2/2

¶25

Anchal Amin at Annexure-1 addressed to the Circle Officer, Circle – Daroundha, in the District of Siwan in support of his contentions.

¶26

In the circumstances noted, we allow the petitioner to file a proper complaint enclosing the report of the Circle Amin before the Circle Officer, Daroundha, District- Siwan in tune with the provisions of the Bihar Public Land Encroachment Act by arraigning the alleged encroachers and it goes without saying that any such application filed by the petitioner would be considered and disposed of in accordance with law by the Circle Officer, Daroundha, District- Siwan by giving opportunity of hearing to the petitioner as well as the alleged encroachers within a period of six months of filing of such application.

¶27

The writ petition is disposed of.

¶28

(Jyoti Saran, J)

¶29

( Arvind Srivastava, J)

¶30

Archana/ Surendra/- U

Kaushlendra Kumar Yadav v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kaushlendra Kumar Yadav v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sikh Intellectual Forum, Bihar Through Its Honarary General Secretary, Dr. Surjit Singh Vs The State Of Bihar and Ors.

Birchandra Kumar Vs The State of Bihar and Ors.

Uday kumar Vs The State of Bihar and Ors.

The Bauram Gram Vikash Samiti and Anr. Vs The State Of Bihar and Ors.

Anup Rai Vs The State of Bihar and Ors.

Mukesh Ranjan Vs The State Of Bihar and Ors.