Disposed

Kameshwar Prasad Singh v. The State of Bihar

Patna HC24 Jan 2023CWJC/10081/2020

Case brief

AI extract

What is this about?

Petitioners challenged the demolition of their hutment as illegal. The court directed the District Magistrate to verify if the land is government topo land by examining records and gazettes, and stayed the demolition pending the appeal's disposal.

What did the court decide?

Directed District Magistrate to inquire into the land's nature via records and maintain status quo pending the petitioners' appeal.

Kameshwar Prasad Singh Vs The State of Bihar — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10081 of 2020

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Kameshwar Prasad Singh Son of Late Satyanand Singh Resident of VillageMarchi, Police Station- By Pass, District- Patna.

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Naseeb Rai @ Naseev Ray Son of Late Lala Rai @ Lala Ray Resident of Mohalla- Diwan Mohalla, Sidhi Ghat, Police Station- Khajekalan, DistrictPatna.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Government of Bihar, Patna.

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District Magistrate-cum-Collector, Patna.

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Senior Superintendent of Police, Patna.

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Superintendent of Police, City (East), Patna.

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Sub-Divisional Magistrate, Patna City.

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Deputy Superintendent of Police, Patna City.

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Circle Officer, Patna Sadar, Patna.

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Officer In-charge, Khajekalan Police Station, Patna City.

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Bharat Bhushan Son of Sri Santosh Kumar Resident of Mohalla- Gurhatta, Police Station- Khajekalan, District- Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Shekhar, Advocate. For the Respondent/s : Mr. Arif Daula Siddiqui, AC to SC-25. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 24-01-2023 Heard the parties.

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Learned counsel appearing on behalf of the

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petitioners submitted that the petitioners are aggrieved by the action of the Circle Officer, Patna Sadar who has proceeded to demolish the hutment of the petitioners in which they are residing along with their family and in support of their statement, they have referred Annexure-1 and 2 to the writ

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Patna High Court CWJC No.10081 of 2020(4) dt.24-01-2023 2/3

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petition.

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Learned counsel appearing on behalf of the State submitted that the land on which hutment of the petitioners are situated is a government land and in course of antiencroachment drive, certain hutments were removed and in course of said drive, hutments of the petitioners were also removed as the same were constructed illegally. However, he has not annexed any document to show that the encroachment drive pertains to any government land on which the petitioners have encroached.

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The grievance of the petitioners is that their hutments exist on topo land. The petitioners are directed to file an appeal before the District Magistrate, Patna along with the documents in support of their title or their possession within a period of three weeks.

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The District Magistrate, Patna is directed to inquire into the matter on the basis of the documents available with the government records to ascertain as to whether due to aluvium and deluvium topo land existing in the vicinity is a government land or khatyani land. He must also verify from the gazette as well as cadastral survey and revisional survey record.

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The District Magistrate, Patna must record his

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Patna High Court CWJC No.10081 of 2020(4) dt.24-01-2023 3/3

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personal finding and pass reasoned order.

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Till the final disposal of the appeal of the

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petitioners, status quo as on date is directed to be maintained.

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With the above observation, the writ petition stands

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disposed of.

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(Purnendu Singh, J)

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mantreshwar/-

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Kameshwar Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kameshwar Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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