Dismissed

Sanjay Kumar v. The State Of Bihar and Ors.

Patna HC26 Jul 2019CWJC/6442/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition concerning public land encroachment by upholding the objection that the statutory remedy under the Bihar Public Land Encroachment Act, 1956 was available. The petitioner was directed to file an application with the Circle Officer.

What did the court decide?

Petitioner directed to file an application with the Circle Officer, Khushrupur, Patna, regarding the encroachment.

Sanjay Kumar Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6442 of 2018

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Sanjay Kumar Son of Ramji Singh, Resident of Village- Dalani Chak, P.S.Daniyama, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The District Magistrate, Patna.

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The Sub-Divisional Officer, Patna City.

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The Senior Superintendent of Police, Patna.

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The Circle Officer, Khushrupur, Patna.

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Arun Yadav, S/o Late Awadhesh Yadav (Bhekha Yadav), Resident of Village- Dalani Chak, P.S.- Daniyama, District- Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Chandra Bhushan Singh For the Respondent/s : Mr.Md.Khurshid Alam -Aag12 ====================================================== 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 : 26-07-2019

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Heard Mr. Chandra Bhusan Singh, learned counsel for the petitioner and Mr. Khurshid Alam, learned AAG-12.

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While petitioner complains of encroachment on public land in village- Dalani-chak, P.S.-Daniyama under Circle Khushrupur in the District-Patna, Mr. Alam, learned Additional Advocate General no. 12 submits that though there is a remedy available to the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956 the petitioner by passing the said remedy, has approached this Court.

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Patna High Court CWJC No.6442 of 2018 dt.26-07-2019 2/2

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Having heard learned counsel for the parties and upholding the objection raised, we dispose of the writ petition with liberty to the petitioner to first move and file an appropriate application before the respondent no. 5, the Circle Officer, Khushrupur, Patna with complete details of the encroachment as well as arraigning the alleged encroachers and it goes without saying that if such an application is filed, the same shall be taken to its conclusion by the Circle Officer, Khushrupur expeditiously, in accordance with law and after opportunity of hearing to the complainant as well as the alleged encroachers expeditiously and preferably within a period of three months of its filing.

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Writ petition is disposed of.

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(Jyoti Saran, J)

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( Partha Sarthy, J)

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sushma/prakash
AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	8.8.19
Transmission Date	NA

Sanjay Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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