The Patna High Court dismissed this application as misconceived. Justice Jyoti Saran held that disputes regarding encroachment by private individuals fall under the Bihar Public Land Encroachment Act, not Public Interest Litigation.
Application dismissed; petitioner directed to seek remedy under Bihar Public Land Encroachment Act.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2073 of 2019
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Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Singh, Adv. For the Respondent/s : Mr.Yogendra Prasad Sinha, AAG7
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
is aggrieved by any encroachment by the private individuals, he should take recourse to the remedy so available under the
Patna High Court CWJC No.2073 of 2019(2) dt.05-02-2019 2/2
provisions of the Bihar Public Land Encroachment Act and not by way of Public Interest Litigation which is dismissed accordingly. The petitioner would be at liberty to take recourse to the remedy so available to him.
(Jyoti Saran, J)
( Arvind Srivastava, J)
Bibhash/-
U
1 issue framed by the court
Whether a writ petition is the appropriate remedy for encroachment on private land by public authorities.
Colour shows how this judgement treated each authority
Patna High Court CWJC No.2073 of 2019(2)Referred¶30
Kanhaiya Lal Mahto
Abhanda Pokhar Samiti
The State of Bihar
Jyoti Saran
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
