Dismissed

Ram Ekbal Thakur v. The State of Bihar

Patna HC22 Jul 2022CWJC/1411/2021

Case brief

AI extract

What is this about?

Hon'ble High Court at Patna disposed of a writ petition seeking direction to remove private encroachments on public land. The court granted liberty to the petitioner to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956, with a 12-week timeframe for the respondent to pass an order after hearing affected parties.

What did the court decide?

Petition disposed with liberty to approach Circle Officer to pass appropriate order within 12 weeks after hearing affected parties.

Ram Ekbal Thakur Vs The State of Bihar — Land Acquisition | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1411 of 2021

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Ram Ekbal Thakur Son of Late Sakhichand Thakur, Resident of Village-bari Dewaria, P.S. Hathua Anchal and Sub-Division-Hathua, District-Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department Government of Bihar,Patna.

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The District Magistrate-Cum-Collector-Cum-2nd Appellate officer Under Lok Sikayat Niwaran, Gopalganj, P.O. and P.S. District-Gopalganj.

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The Land Reforms Deputy Collector, Hathua, Gopalganj.

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The Sub-Divisional Officer-cum-Anumandaliya Lok-Shikayat Padadhikari, Hathua, Goplaganj.

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The Anchal Adhikari (Circle Officer) -cum-Revenu Officer Cum-the Collector Under the Public Land Encroachment Act, Hathua, Gopalganj.

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The Station House Officer, Hathua, Gopalganj

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Jawahar Lal Sharma S/o Late Shiv Balak Sharma Resident of Bari Dewaria P.O. Hathua, P.S. hathua District-Gopalganj.

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Birendra Thakur S/o Late Kamali Thakur. Resident of Bari Dewaria P.O. Hathua, P.S. Hathua District-Gopalganj.

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Ashwini Kumar Late Dukhi Thakur. Resident of Bari Dewaria P.O. Hathua, P.S. hathua District-Gopalganj.

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Sohili Devi @ Sohila Kuar Wife of Late Dukhi Thakur Resident of Bari Dewaria P.O. Hathua, P.S. hathua District-Gopalganj.

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Shivaji Chaudahry Son of Late Kapildeo Chaudhary Halka Chaukidar Resident of Village-Bari Dewaria P.S. Hathua, District-Gopalganj.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Shambhu Sharan Singh For the Respondent/s : Mr.Lalit Kishore ( Ag )

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 22-07-2022 The present writ petition has been filed seeking the following reliefs:-

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(I) For a direction/ order to the District Magistrate, Gopalganj to make free the Gair Majarua Malik Land bearing

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Patna High Court CWJC No.1411 of 2021(2) dt.22-07-2022 2/3

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Mauza Dewaria Tauzi No. 3930, Thana no. 992 Khata n o. 133, Khesra no. 1199 from the Private respondent no. 7 to 11 who have blocked the Aam Rasta (public Road) malafidely to disturb malafidely approaching on the settled part portion of same Gair Majarua Malik Land in favour of Sakhichand Thakur (now dead) the father of petitioner in settlement Case No. 04 of 1999 – 2000 dated 11.01.2000.

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(ii) For a direction to the Circle Officer, Hathua to ensure this Hon’ble High Court as well as the District Magistrate cum Collector, Gopalganj that the private Respondents have been permanently removed the illegal encroachment on the land in question.

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The learned counsel for the petitioner has submitted that the Respondents No. 7 to 11 have encroached the land in question again in as much as earlier also the encroachment made by them was removed, hence directions be issued to the Circle Officer, Hathua, Gopalganj i.e. the respondent no.5.

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Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to approach the respondent no.5 by filing appropriate petition, which shall be considered by him, in accordance with the provisions contained in the Bihar Land

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Patna High Court CWJC No.1411 of 2021(2) dt.22-07-2022 3/3

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Public Land Encroachment Act, 1956, and after hearing the affected parties, the Respondent No. 5 shall pass appropriate order in accordance with law within a period of 12 weeks, thereafter.

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(Mohit Kumar Shah, J)

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Tiwary/-

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Ram Ekbal Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Ekbal Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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