Disposed

Binod Kumar Singh v. The State Of Bihar and Ors.

Patna HC29 Apr 2019CWJC/16520/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna disposed of the writ petition alleging inaction by respondents. The court granted liberty to the petitioner to file an application with the Circle Officer for removal of encroachment under the Bihar Public Land Encroachment Act, ordering a decision within six months.

What did the court decide?

Liberty granted to file application before Circle Officer for encroachment removal; decision to be taken within six months.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16520 of 2018

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Binod Kumar Singh, son of Late Balkishun Singh, resident of VillageRajaram Pur, Naya Tola, P.S.- Saraiya, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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

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Collector cum District Magistrate, Muzaffarpur, District- Muzaffarpur.

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Anchal Adhikari, Saraiya Anchal, District- Muzaffarpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr. S.C.Yadav -Gp15 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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2 29-04-2019 Heard learned counsel for the petitioner and the respondents.

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The grievance of the petitioner in the instant writ application is inaction on the part of the respondents.

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From the materials available on record, it appears that no regular case for removal of encroachment was registered. The Bihar Public Land Encroachment Act provides a definite procedure for removal of encroachment.

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Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to file appropriate application before the Circle Officer, Saraiya, Muzaffarpur for removal of encroachment. The Circle Officer shall be under obligation to register a regular case for removal of

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Patna High Court CWJC No.16520 of 2018(2) dt.29-04-2019 2/2

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encroachment and after hearing the stakeholders including the petitioner and encroachers, the Circle Officer, Saraiya shall pass appropriate order.

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Necessary decision in this regard must be taken by the Circle Officer, Saraiya within a maximum period of six months from the date of filing of such application along with a copy of this order.

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With the aforesaid, this application stands disposed of.

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(Anil Kumar Upadhyay, J)

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uday/-

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Binod Kumar Singh v. The State Of Bihar and Ors.

Case brief

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Binod Kumar Singh v. The State Of Bihar and Ors.

Case brief

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