Disposed

Narayan Mukhiya v. The State of Bihar and Ors.

Patna HC11 Mar 2019CWJC/4736/2019

Case brief

AI extract

What is this about?

The Court disposed of a public law writ petition regarding encroachment on public land. It directed the Circle Officer to consider and dispose of the pending encroachment case in accordance with law within six months, affording hearing to both parties.

What did the court decide?

The Court directed the Circle Officer, Mahishi, to consider and dispose of Encroachment Case No. 1/2016-17 in accordance with law within six months.

Narayan Mukhiya 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.4736 of 2019

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Narayan Mukhiya, Male aged about 58 years, S/o Brijmohan Mukhiya Res. of Vill.- Jhitki Ward no. 13 P.S.- Mahishi Distt.- Saharsa.

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... ... Petitioner

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Versus

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

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Principal Secretary Land Reforms Department Bihar Patna.

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District Magistrate At Saharsa.

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Superintendent of Police At Saharsa.

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Sub- Divisional Magistrate Saharsa Distt.- Saharsa.

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Circle Officer Mahishi Distt.-Saharsa.

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Officer - in - Charge Mahishi Police Station Distt.- Saharsa.

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr. Diwakar Prasad Singh For the Respondent/s : Mr. Ajay (Ga5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and

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HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)

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2 11-03-2019 Heard the parties.

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The petitioner complains of encroachment over a public land bearing Khata No. 255, Plot No. 528 having an area of 1.24 acres under Mauza Jhitki, P.S. Mahishi, in the district of Saharsa.

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Mr. Ajay, learned GA-5, invites the attention of this Court to the complaint made by the villagers at Annexure 1 before the Circle Officer, Mahishi and informs that such complaint has led to institution of a proceeding under the Bihar

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Patna High Court CWJC No.4736 of 2019(2) dt.11-03-2019 2/2

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Public Land Encroachment Act, 1956 (hereinafter referred to as ‘the Act’) giving rise to Encroachment Case No. 1/2016-17. He however submits that he has no instruction as to the stage of the proceedings but submits that the Circle Officer would take appropriate steps in this regard in accordance with law.

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In such view of the matter, we do not feel necessity to keep the writ petition pending and would dispose it of with a direction to the Circle Officer, Mahishi (respondent no.6) to consider and dispose of Encroachment Case No. 1/2016-17 in accordance with law and with opportunity of hearing to the complainant as well as the alleged encroachers which disposal, if not already taken place, be carried out within a period of six months from today.

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This disposes of the writ petition.

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(Jyoti Saran, J)

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( Arvind Srivastava, J)

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Surendra/-

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Narayan Mukhiya v. The State of Bihar and Ors.

Case brief

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Narayan Mukhiya v. The State of Bihar and Ors.

Case brief

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