Disposed

Ram Ratan Pandit v. The State of Bihar

Patna HC18 Mar 2023CWJC/1733/2023

Case brief

AI extract

What is this about?

The Patna High Court granted liberty to the petitioner to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956, within four weeks. The petition seeking removal of encroachment was disposed of based on this liberty.

What did the court decide?

Liberty granted to approach Circle Officer under Bihar Public Land Encroachment Act, 1956; petition disposed on this basis.

Ram Ratan Pandit Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1733 of 2023

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Ram Ratan Pandit S/o Prasad Pandit, Resident of Durga Nagar Kharkatwa, Ward no 3, P.S. Palwanawa, District- East Motihari (East Champaran).

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary, Land and Revenue Department, Bihar, Patna.

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1. The Collector, Motihari (East Champaran). 3. The Sub-Divisional Officer, Raxaul, District- Motihari (East Champaran). 4. The Circle Officer, Ramgarhwa District- East Champaram (Motihari). 5. Indrasan Mahto S/o Late Lahwar Mahto resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Khobhari Mahto S/o Indrasan Mahto resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Jhapas Mahto Son of Indrasan Mahto resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Tapi Mahto S/o Indrasan Mahto resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Shiv Prasad Patel S/o- Late Saudagar Patel resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Birbahadur S/o- Shiv Prasad resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Bunnilal S/o Shiv Prasad resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Chathu Baitha S/o- Late Bangali Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Badri Baitha S/o- Late Bangali Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Jaigovind Baitha S/o- Late Chathu Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Nanak Baitha S/o- Jhathu Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Ajay Baitha S/o- Badri Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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1. Brijesh Baitha S/o- Badri Baitha resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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Bega Pandit S/o- Late Ramdayal Pandit resident of village - Kharkatwa P.S. - Palanwa, District - Motihari East Champaran.

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Sitaram Pandit S/o- Bega Pandit resident of Village- Kharkatwa, P.S.Palanwa, District- Motihari East Champaran.

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Patna High Court CWJC No.1733 of 2023(2) dt.18-03-2023

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2/3

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate For the Respondent/s : Mr.Rishi Raj Sinha ( SC 19 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-03-2023

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The present petition has been filed seeking the

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following reliefs :-

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“(i) For issuance of writ in the nature of mandamus commanding and directing the respondent authorities to remove the encroachment from the public road bearing Plot no. 1348 appertaining to Khata no. 70 is admittedly Pakki road from Raksaul to Kharkatwa and Ramgarhwa and connect to NH recorded in the name of the State of Bihar as Road as well as adjacent land appertaining to Khata no. 152, Plot no. 1200 recorded in the name of the petitioner which has been illegally encroached by the private respondent by making pucca/ temporary construction encroaching the land in question.

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(ii) For further direction to the respondent authorities to initiate a proceeding of encroachment against the private respondent and take measurement and remove the private respondent from the land in question holding as encroacher so that the public of the locality can use the land freely as Aam

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Patna High Court CWJC No.1733 of 2023(2) dt.18-03-2023 3/3

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Rasta/ Road.

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(iii) For further direction to the respondent authorities to dispose of the representation of the petitioner by passing a reasoned and a speaking order within the time frame.”

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At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Ramgarhwa, East Champaran at Motihari for redressal of his aforesaid grievances. Liberty so sought, is granted.

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It is needless to state that in case, the petitioner approaches the Circle Officer, Ramgarhwa, East Champaran at Motihari by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

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The writ petition stands disposed off on the aforesaid

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terms.

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(Mohit Kumar Shah, J)

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rinkee/-

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Ram Ratan Pandit v. The State of Bihar

Case brief

What is this about?

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Ram Ratan Pandit v. The State of Bihar

Case brief

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