Dismissed

Faikur Rahman v. The State of Bihar

Patna HC22 Nov 2021CWJC/5556/2020

Case brief

AI extract

What is this about?

Petitioner filed a writ petition against State officials and local bodies seeking directions to stop encroachment on his land allegedly used for school construction. The Court found the petitioner failed to identify specific State or State instrumentality action causing grievance regarding the encroachment.

What did the court decide?

Direction or directions to concerned respondents to stop encroachment on petitioner's land was denied; petition dismissed.

Faikur Rahman Vs The State of Bihar — Land Acquisition | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5556 of 2020

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Faikur Rahman, Aged about 61 years, Male, Son of Late Jahiruddin Rahman Resident of Village- Kursel Jhaua, P.S.- Kadwa District- Katihar.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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The Collector Katihar District- Katihar.

The District Education Officer Katihar, District- Katihar.

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The Block Development Officer Block Kadwa, District- Katihar.

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The Circle Officer Under Block Kadwa, District- Katihar.

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The President Zila Prishad Katihar District- Katihar.

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The Office In Charge of P.S. Kadwa District- Katihar.

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The President School Education Committee Namely Sanichar Mandal New primary school Ramnagar Kursail P.S. Kadwa, District- Katihar.

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The Secretary School education committee namely Apurna Devi, New primary school Ramnagar Kursail, P.S. Kadwa, District- Katihar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Nadimul Hasan, Adv. For the Respondent/s : Mr.Ashutosh Ranjan Pandey ( AAG15 )

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date : 22-11-2021

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The present writ petition has been filed for the following reliefs as formulated by the petitioner-

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“1(i) That, through the present writ application, the petitioner prays for issuance of an appropriate writ/writs, order/orders direction/directions to the concerned Respondent as such the Respondent no.3, 5, 6, 8 and 9 who are committed irregularities of their power and forcibly encroached the front side or road side of the lands of

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Patna High Court CWJC No.5556 of 2020 dt.22-11-2021

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2/3

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the petitioner pertaining Mouza-Kursail Thana No. 288 Under khata – 278 of khesra 820, 825 and 819 which are purchased land of the petitioner for the purpose of construct Building of New Primary school Kursail P.S. Kadwa District – Katihar, which is sanctioned in earlier by latter (sic) no. 1335 dated 20.12.2013 by the District Board under MouzaKursail Thana no. 288 khata no. 278 khesra – 827 of Area 0.057 ½ Decimal of land but the respondents no.8 and 9 forcibly started construction work only the portion of the petitioner.

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(ii) For issuance of appropriate writ, order direction or directions to the concerned Respondents that they started work for construction of building only on the land, which was notified by the District Board in the year 2013 in Mouza Kursail Thana no. 288 khata no. 278 khesra827 of an Area 0.057 ½ Decimal of land and not forcibly encroach the portion of the lands of front side or Road side of the lands of the petitioner.

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(iii) And for any other relief or relieves (sic) for which the petitioner is entitled in facts and circumstances of this case.”

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At the outset itself, it appears prima facie from the pleadings in the writ application that the land of the District Board has been encroached by some private persons.

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Learned counsel for the petitioner has not been able to point out with any clarity that he is aggrieved by any action of the State and its instrumentalities with regard to his land having been encroached.

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Patna High Court CWJC No.5556 of 2020 dt.22-11-2021 3/3

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Learned counsel for the State appears and has been

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heard.

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In the above circumstances, this Court is not inclined to interfere in the matter. The writ application is dismissed. Needless to say, the petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.

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(Vikash Jain, J)

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rishi/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	24.11.2021
Transmission Date

Faikur Rahman v. The State of Bihar

Case brief

What is this about?

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Faikur Rahman v. The State of Bihar

Case brief

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