Court dismissed writ petition regarding encroachment over public land, directing petitioner to utilize the statutory remedy provided under Bihar Public Land Encroachment Act, 1956 by filing complaint before the designated Court Officer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6812 of 2019
======================================================
Dharmendra Choudhari, son of Sri Ganesh Choudhary, resident of VillageTetradh, Police Station- Akodhi Gola, District- Rohtas
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Adv For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN And HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 04-04-2019
Heard the parties.
The petitioner raises the issue of encroachment
over public land in public interest. The State legislature has already provided a remedy to such of the complainants under the Bihar Public Land Encroachment Act, 1956 and
Patna High Court CWJC No.6812 of 2019 dt.04-04-2019 2/2
before moving the Courts, the complainants need to move the appropriate forum, as provided under the Act.
Should the petitioner be so advised, he may file appropriate application before the Circle Officer, Akhodhi Gola, Rohtas (respondent No. 4) by arraigning the alleged encroachers over the public land by describing the encroachment and it goes without saying that any such complaint filed, shall be considered and disposed of in accordance with law by the Circle Officer, Akhodhi Gola, Rohtas (respondent No. 4) after affording opportunity of hearing to the complainant and alleged encroachers preferably within six months of filing of such complaint.
With the liberty above, we dispose of the writ
petition.
| Shageer/Krishna | ( Ashutosh Kumar, J) | |
|---|---|---|
| AFR/NAFR | NAFR | |
| CAV DATE | NA | |
| Uploading Date | 09/04/2019 |
Shageer/Krishna
1 issue framed by the court
Whether a petitioner raising an issue of encroachment over public land should be advised to seek remedy under Bihar Public Land Encroachment Act, 1956 instead of proceeding through this writ petition.
1 provisions across 1 enactments
Dharmendra Choudhari
The Union of India through the Principal Secretary, Land Reforms Department, Bihar
The Collector, Rohtas
The Additional Collector, Land Revenue, Rohtas
The Circle Officer, Akhodhi ngola, District- Rohtas
Iswari Singh
Jyoti Saran
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
