Single-line order hearing a writ petition regarding road encroachment where the court granted liberty to initiate proceedings under local legislation without expressing an opinion on merits and disposed of the petition.
Liberty granted to initiate proceedings under Bihar Public Land Encroachment Act within nine months.
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.4337 of 2020
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Bikram Pratap Deo, Son of Sri Ramadhar Singh, Resident of Village- Bara Dih, P.S. Atri, P.O. Birnai, District- Gaya, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kr Singh No.1, Advocate For the Respondent/s : Mr.Sajid Salim Khan (SC-25 )
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 26-02-2020
The petition filed on 25.02.2020 is listed for hearing
for the first time today before the Court.
Heard learned counsel for the petitioner and learned
Patna High Court CWJC No.4337 of 2020 dt.26-02-2020 2/3
counsel for the respondents.
Petitioner has prayed for the following relief:
“For issuance of a writ in the nature of writ of mandamus directing the respondents to remove the encroachment from road of Aam Gairmajarua bearing plot no. 749, 777 and 813 which are situated at Village- Bara Dih, Panchayat Ghusari, P.O. Birnai, P.S.- Atri, District- Gaya about hundred peoples have constructed hut on road land, they also keep animals cow-dung on the road due to which people are facing trouble and disease are also spread out due to garbage.”
Finding the Court not to be in favour of the submissions made at the Bar, learned counsel for the petitioner submits that petitioner shall be content if petitioner is allowed to initiate proceedings under the provisions of the Bihar Public Land Encroachment Act.
Liberty Granted.
This Court is hopeful that as and when any such proceedings are initiated, the same shall be dealt with and decided by the authority concerned in accordance with law and with reasonable dispatch, expeditiously and positively within a period of nine months from the date of receipt thereof.
It is made clear that we have not expressed any
Patna High Court CWJC No.4337 of 2020 dt.26-02-2020 3/3
opinion on the merits of the case.
Petition stands disposed of in the aforesaid terms.
(Sanjay Karol, CJ)
(S. Kumar, J)
P.K.P./-Utkarsh
AFR/NAFR CAV DATE Uploading Date 27.02.2020 Transmission Date
Bikram Pratap Deo
The State of Bihar through the Chief Secretary, Government of Bihar
District Magistrate, District- Gaya
Deputy Commissioner, District Office- Gaya
Anumandaliya Lok Shikayat Niwaran Padadhikari
Circle Officer, Anchal- Atri
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
