The High Court in civil writ jurisdiction disposed of a petition seeking removal of encroachment from Madarsa land and maintaining peace upon the petitioner agreeing to approach authorities for redressal.
Liberty granted to approach authorities; petition disposed of subject to filing representation within four weeks.
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.9233 of 2021
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Md. Shaukat Ali, son of Late Sheikh Rahman @ Abdul Rahman, Resident of Village-Sripur Gohar Tola, Shiv Nagar, Ward No. 3, P.S.-Khanpur, DistrictSamastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Rana Sanjay Kumar Singh, Adv. For the Respondent/s : Mr. Rishi Raj Sinha, SC-19 Mr. Atul Shankar, AC to SC-19 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
seeking the following reliefs:-
“1(i). To issue an appropriate order/s, direction/s including a writ in the nature of mandamus commanding and directing
Patna High Court CWJC No.9233 of 2021(2) dt.28-09-2022 2/3
upon the Respondents to remove the encroachment from Madarsa Land appertaining to khata no. 1014, khesra no. 1307, 1308 old, khesra no. 616 and 617 new, measuring area total 2 katha situated in mauza Sripur Gohar, P.S. and Anchal-Khanpur under Samastipur District which has been wrongly and illegally occupied encroached by the private respondents having made illegal construction therein.
(ii). To direct the Respondents to maintain place and tranquility in the event of branch of peace at the behest of private respondents who are rude, mischievous and antisocial elements.”
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the concerned authorities for redressal of his aforesaid grievance. Liberty so sought is granted.
It is needless to state that in case, appropriate representation is filed within a period of four weeks from today, appropriate orders shall be passed thereon, in accordance with law, within
Patna High Court CWJC No.9233 of 2021(2) dt.28-09-2022 3/3
a period of twelve weeks, thereafter.
The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
Ajay/- U
1 issue framed by the court
Whether the writ petition seeking direction to remove encroachment on Madarsa land should be disposed of on consent.
Md. Shaukat Ali
The State of Bihar
The Chairman, Bihar State Madarsa Education Board
The Divisional Commissioner, Darbhanga
The District Magistrate cum Collector, Samastipur
Md. Islam son of Yusuf
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
