High Court of Patna issued a writ direction to District Magistrate and Police Officer to remove a resurfaced encroachment on public land within six weeks, with a salary deduction warning for default.
Direction to District Magistrate and Officer-in-Charge, Mohammadpur PS to remove resurfaced encroachment within six weeks under penalty of salary deduction.
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.16035 of 2022
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Saroj Kumar Mishra son of Late Paras Mishra, Permanent resident of VillagePakadi, P.S.-Mohammadpur, District-Gopalganj, presently residing at Mohalla-Ram Krishna Nagar, Near L.P. Shahi College, Patna, P.O.-New Jaganpura, P.S.-Ram Krishna Nagar, District-Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar Mishra, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( Sc 25 )
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 04-07-2023
The present writ petition has been filed seeking the following relief:-
“A writ of Mandamus or any appropriate writ, order(s), direction(s) to commanding the respondents to remove the encroachment of land which is situated under Sidhwalia Block, P.S. Mohammadpur, District- Gopalganj bearing Thana No. 392, Khata No.132, Khesra
Patna High Court CWJC No.16035 of 2022 dt.04-07-2023 2/3
No. 978, Area 0.43 decimal.”
submitted by referring to the counter affidavit that the encroachment made over the public land in question appertaining to Thana No.392, Khata No.132, Khesra No.978, area 0.43 decimal, situated under Sidhwalia Block, P.S. Mohammadpur, District- Gopalganj has been removed after following the due process of law i.e. upon initiation of encroachment proceedings, vide Encroachment Case No.16 of 2022-23 and passing of the final order by the Circle Officer, Sidhwalia. It is further stated in the counter affidavit filed in the present case that the Circle Officer, Sidhwalia has also communicated to the SHO, Mohammadpur that though encroachment has already been removed from the public land in question, however, since there is chance of re-encroachment, proper surveillance be maintained.
Patna High Court CWJC No.16035 of 2022 dt.04-07-2023 3/3
case, I direct the District Magistrate, Gopalganj and the Officerin-Charge, Mohammadpur Police Station, District- Gopalganj to ensure removal of resurfaced encroachment in question, within a period of six weeks from today, by taking recourse to the due process of law, failing which they shall not draw their salary.
(Mohit Kumar Shah, J)
kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 16.08.2023 |
| Transmission Date | NA |
2 issues framed by the court
Whether respondents failed in their duty to prevent resurfaced encroachment on public land.
Whether direction to ensure removal of resurfaced encroachment within six weeks is appropriate.
Saroj Kumar Mishra
State of Bihar through the Chief Secretary, Government of Bihar
Principal Secretary, Revenue and Land Development Department, Govt. of Bihar
Collector, District-Gopalganj
Block Development Officer, Sidhwalia Block
Officer Incharge, Mohammadpur Police Station
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
