The High Court disposed of the petition granting the petitioner 3 months to approach authorities to raise the encroachment grievance, which must be addressed legally and expeditiously.
Direction to deal with the petitioner's subsequent request regarding encroachments within three months in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14067 of 2018
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Md. Shahjahan Khan Son of Fazal Haque Khan, Resident of Village/MohallaMohammadapur, P.S.- Makhdumpur, District- Jehanabad.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate.
For the Respondent/s : Mr. Rakesh Ambastha, AC to AAG-7
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-02-2020 Petitioner has prayed for the following relief:
(a) The respondents be commanded/directed to get the encroachments on lands under
| Khata No. | Plot No. | Area | Nature |
|---|---|---|---|
| 190 | 281 | 30 Decimal | Gairmazarua AM |
| 190 | 504 | 52 Decimal | Gairmazarua |
| Malik | |||
| 45 | 54 | 5 Decimal | AM Garha |
| 45 | 26 | 55 Decimal | AM Garha |
Patna High Court CWJC No.14067 of 2018(3 ) dt.13-02-2020 2/3
| 46 | 240 | 27 Decimal | AM Garha |
|---|---|---|---|
| 57 | 25/755 | 6 Decimal | Am Garha |
| 308 | 183 | 38 decimal | Anabad Bihar |
| Sarkar Garha |
be removed within a time frame fixed by this Hon’ble Court and they may be further directed to submit a report with full videography/picture about execution of the order of this Hon’ble Court.
(b) The respondents be further directed/commanded to keep vigil over the aforementioned public land so that encroachment after removal may not take place as is the usual experience.
(c) The respondents be further directed/commanded to fix the responsibility for allowing/ encouraging/ facilitating the encroachment and appropriate action legal as well as departmental be taken against them. (d) Any other relief or relief/s which the petitioner be found entitled to be granted to him.
After the matter was heard for some time, finding the Court not to be in favour of submission made across the bar, learned counsel for the petitioner seeks permission to approach the authorities i.e. respondent nos. 3 and 9, namely, the District Magistrate and the Executive Officer, Nagar Panchayat, Makhdumpur, District-Jehanabad, respectively for highlighting the grievance in accordance with law.
Mr. Rakesh Ambastha, learned counsel for the State,
Patna High Court CWJC No.14067 of 2018(3 ) dt.13-02-2020 3/3
states that any such request shall be dealt with expeditiously and in accordance with law.
Statement is taken on record.
In view of the same, the present petition stands disposed of with a direction that any such request is received from the petitioner, the same shall be dealt with in accordance with law with reasonable dispatch and not later than three months thereafter.
(Sanjay Karol, CJ)
( S. Kumar, J)
sujit/-
U
2 issues framed by the court
Whether the directions in the writ petition regarding encroachment removal and vigilance were required in this case.
What procedural mechanism the petitioner should adopt to highlight the grievance regarding encroachments.
Md. Shahjahan Khan
The State of Bihar through the Chief Secretary
District Magistrate, Jehanabad
Executive Officer, Nagar Panchayat Makhdumpur
HONOURABLE THE CHIEF JUSTICE
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
