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Nageshwar Singh v. The State of Bihar

Patna HC22 Sept 2022CWJC/7948/2021

Case brief

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What is this about?

The Patna High Court disposed of a writ petition filed to remove encroachment on government and Murghatia land. The court directed the Circle Officer to finalize the encroachment case under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 within twelve weeks.

What did the court decide?

Direction to the Circle Officer, Jalalpur, Chhapra, Saran to pass final order removing encroachment under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 within 12 weeks.

Nageshwar Singh Vs The State of Bihar — Public Procurement and Tenders | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7948 of 2021

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Nageshwar Singh s/o Late Ram Ayodhya Singh resident of villege - Rusi, Gram Panchayat - Bhatkeshri, Block - Jalalpur, P.S. Jalalpur, Dist- Chhapra Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the secretary department of Panchyat raj, Bihar, Patna.

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The Devisional commissioner, Saran division, saran chhapra.

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The deputy Inspector of general of police saran division, Saran chhapra.

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The District Magistrate chhapra, saran.

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The sub - divisional officer, chhapra, saran.

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The sub - divisional officer, chhapra sadar, chhapra.

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The circle officer jalalpur, chhapra, saran.

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The officer-in-charge, police station - jalalpur, chhapra, saran.

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Ram Deo Manjhi S/O Heera Manjhi resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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Shiv Sagar Manjhi S/O Heera Manjhi resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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Murari Manjhi S/O Late Damari Manjhi resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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Ghurai Manjhi S/O Late Damari Manjhi resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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Dudh Nath Manjhi S/O Late Maya Manjhi resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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Shankar Yadav S/O Late Raghuveer Yadav resisdent of village rusi, P.S. jalalpur, Panchayat Raj - Bhatkeshri, District- Chhapra, Saran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Maheshwar Prasad For the Respondent/s : Mr.Raj Kishore Roy (Gp18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 22-09-2022

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The present writ petition has been filed

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seeking the following relief:-

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“1. That this writ application is for

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Patna High Court CWJC No.7948 of 2021(2) dt.22-09-2022 2/3

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issuance of writ, direction, order in nature of mandamus, commanding and direction to the respondent authorities to remove the encroachment made on the government land and Murghatia land uses for aam public, record showing in khatiyan bearing plot no. / survey no. 457, khata no. 165 total area 3 kathas and khata no. 273, survey plot no. 454, 456, 318, thana no. 180, total areas 18 kathas mauza-Rusi, Gram PanchayatBhatkeshri, P.S.+Block-Jalapur, DistrictChhapra Saran.”

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At the outset, the learned counsel for the petitioner has referred to Annexure Nos. 4 and 5 to the present petition to submit that the Circle Officer, Jalalpur, Chhapra, Saran, has already initiated an encroachment case in the year 20162017, however, the same is not being taken to its logical conclusion.

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In such view of the matter, I deem it fit and proper to dispose of the present writ petition with a direction to the Circle Officer, Jalalpur, Chhapra, Saran, to take the aforesaid encroachment case to

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Patna High Court CWJC No.7948 of 2021(2) dt.22-09-2022 3/3

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its logical conclusion by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the affected parties, within a period of twelve weeks from today.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Ajay/- U

Nageshwar Singh v. The State of Bihar

Case brief

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Nageshwar Singh v. The State of Bihar

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