This judgment dismisses a writ petition challenging a land recording. The Court held the petition was an abuse of process and publicity-induced litigation, dismissing it and imposing costs on the petitioner.
The writ petition is dismissed with a cost of Rs. 10,000/-.
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.14793 of 2023
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Shailendra Pandey Son of Late Ram Lakhan Pandey, Social Worker CumR.T.I. Activist-Cum- Co-Editor, Weekly News Paper, Resident of village/ Mohalla- Ram Nagar, P.S.- Nawada, District- Nawada.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s : Mr. Md. Nadim Seraj ( GP-5 ) ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-12-2023
The petitioner claiming to be a social activist prays for removing all types of ban from the land in question bearing Khata No. 1044, 1990,2000,2001 and 2002, with total area 14.08 acre situated at Village Budhaul Halka Gonawa Anchal Nawada near by Nawada town which is wrongly recorded as Anawad Sarv Sadharan (Bihar Sarkar). The land is said to be
Patna High Court CWJC No.14793 of 2023 dt.02-12-2023 2/3
one belonging to one Manti Devi, who filed a title suit against the Government, which was decreed. An appeal filed by the State was also dismissed and based on the decree a Jamabandi was created in the name of Manti Devi and accordingly the rent is also paid by the person regularly. Four acres of the land so obtained were sold to more than fifty purchasers who are unable to get the land mutated in their names since it is recorded in Anabad Sarv Sadharan. It is also claimed that there is illegal encroachment of the government land by anti-social elements.
Patna High Court CWJC No.14793 of 2023 dt.02-12-2023 3/3
petition is a clear abuse of process of law and it is a publicity induced litigation and not a Public Interest Litigation.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Anushka/-
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| Uploading Date | 04.12.2023 |
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1 issue framed by the court
Whether the writ petition filed by a self-styled social activist constitutes a public interest litigation or an abuse of process of law.
Shailendra Pandey
State of Bihar
K. Vinod Chandran
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
