In a writ petition regarding alleged encroachment of the petitioner's private raiyati land by the State under a government scheme, the court directed the authorities to demarcate the land and remove filled earth.
Directions to demarcate petitioner's land within four weeks and remove filled earth within two weeks thereafter.
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.13573 of 2018
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Most. Lalita Kumari, W/o Late Rajendra Prasad Singh, D/o Late Kailash Singh, R/o Mauza-Chota Hasanpur, P.O. and P.S.-Khusrupur, District-Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms. Vagisha Pragya Vacaknavi, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 Mr. Ajay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
Heard learned counsel for the petitioner, learned
counsel for the respondent-State of Bihar and its authorities and learned counsel for respondent nos. 11 to 13.
The petitioner has filed the instant application for the
Patna High Court CWJC No.13573 of 2018(6) dt.14-03-2023 2/8
following relief(s):-
“That this is a writ petition on behalf of the Petitioner for issuance of a writ of prohibition or writs in the nature thereof or any other appropriate writs/orders/ directions for prohibiting the Respondent Authorities from encroaching upon the private raiyati purchased land of the petitioner comprised in Khata No.49 Plot no.488 area 3 katha 6 dhur, Thana No.140, Tauzi No.2150, Mauza-Uttimpur, Khusrupur, Ward No. 10, P.O. & P.S.-Khusrupur, District- Patna under Mukhya Mantri GaliNali Yojna and also from construction of road and drainage system on the aforesaid private land of the petitioner although Gair Majarua land (public land) is available for the said purpose which is encroached by Private Respondent Nos. 11 to 13 and no action has been taken inspite of the serious protest and information by the petitioner. This writ petition is also for issuance of a
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writ of mandamus to demarcate the private land of the petitioner from the public land and thereafter, proceed with the construction work at that place.”
It is the case of the petitioner that the petitioner purchased the land in question measuring a total area of 3 Katha 6 dhurs which has been described in detail in paragraph no.1 of the application quoted herein above by a registered sale deed dated 12.6.2002. It is further submitted that the respondent authorities under the Mukhya Mantri Gali-Nali Yojna proceeded to encroach the land of the petitioner. As such the petitioner prayed for removal of the encroachment, restraining the State authorities from making any construction over the petitioner’s land and also to demarcate the land of the petitioner as per her registered sale deed.
Learned counsel for the petitioner submits that on an application filed by the petitioner, measurement was undertaken and reports were called for. As per the last report dated 11.12.2017 (Page no.43) of the Anchal Amin addressed to the Circle Officer, Khusrupur, Patna, it would transpire that it has been categorically stated therein that mud has been filled on 6 ft. land of the petitioner and the same has been used by the general
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public as a way ( rasta ). Learned counsel for the petitioner submits that the respondents be directed to demarcate the private land of the petitioner and to remove the earth filled on the petitioner’s raiyati land which as per the above report, admittedly 6 ft. land of the petitioner has been filled up.
Learned counsel for the respondent-State submits that a counter affidavit has been filed on behalf of respondent nos.3 to 6 sworn by the Circle Officer, Khusrupur, Patna. Referring to the contents thereof it is submitted that the steps were taken for demarcation of the petitioner’s land, however the same could not be done because of water logging etc. and the same was deferred. Ultimately, the measurement was carried out in the petitioner’s presence, however, she refused to sign on the report. It is stated that the categorical assertion of the respondents is that no construction of any road or drainage ( naala ) has been made on the raiyati land of the petitioner and even as per the report only soil has been filled up on 6 ft. land of the petitioner which has been used by the people of the locality.
Learned counsel appearing for the private respondent nos.11 to 13 submits that they are not necessary party in the instant application. The relief sought for by the
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petitioner against them is not maintainable. They have not encroached on any portion of any public land and as such the prayer made by the petitioner against them in the instant application be dismissed.
Having heard learned counsel for the parties and having perused the material on record, it transpires that the petitioner having purchased the land in question by registered sale deed dated 12.6.2002 (Annexure-P/1, Page no.15) is not disputed by any of the respondents. What is also not in dispute is that after measurement, the Circle Officer, Khusrupur, Patna submitted the report contained in letter dated 17.3.2018 (Annexure-F, Page no.138) addressed to the District Magistrate, Patna from which it would transpire that on measurement it was found that 6 ft. raiyati land of the applicant (petitioner herein) had been filled with earth and was being used as a rasta by the general public. The report further states that there was proposal of construction of naali and road, however, which has been stopped.
The report contained in letter dated 17.3.2018 (Annexure-F, Page no.138) is reproduced herein below for ready reference:-
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In view of the facts and circumstances of the case,
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as also the averments made in the affidavits and especially the contents of the report contained in the aforesaid letter of the Circle Officer, Khusrupur, Patna, the instant writ application is disposed of with the following directions:-
I. The Deputy Collector Land Reforms, Patna City, Patna (respondent no.5) under his supervision shall get demarcation of the petitioner’s land carried out pursuant to the report of the Anchal Amin referred to in the letter dated 17.3.2018 of the Circle Officer, Khusrupur, Patna (AnnexureF, Page no.138) and the registered sale deed of the petitioner within a period of four weeks.
II. After demarcation, the Circle Officer, BlockKhusrupur, Patna (respondent no.6) and the Executive Officer, Nagar Panchayat, Khusrupur, Patna (respondent no.7) will get the earth which has been filled up on the raiyati land of the petitioner removed from the petitioner’s land within a further period of two weeks.
III. After demarcation and the removal of earth, the petitioner will get her demarcated land encircled in presence of the Deputy Collector Land Reforms, Patna City, Patna (respondent no.5) within a period of two weeks.
The time granted for carrying out the directions as
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contained herein above will commence from the date of communication/receipt of the copy of this order in the office of the respective authorities.
The writ application stands disposed of with the above observations and directions.
(Partha Sarthy, J)
avinash/-
U
3 issues framed by the court
Whether the State authorities should be directed to demarcate the petitioner's private land and remove earth filled upon it.
Whether the petitioner is entitled to a writ directing the removal of encroachment from her private land.
Whether the respondents nos. 11-13 are necessary parties to the application.
Lalita Kumari
State of Bihar
Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar
District Magistrate, Patna
Sub Divisional Magistrate, Patna City, Patna
Deputy Collector Land Reforms, Patna City, Patna
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
