Disposed

Jug Paltan Singh @ Paltan Singh v. The State of Bihar

Patna HC5 Oct 2023CWJC/1878/2023

Case brief

AI extract

What is this about?

In this civil writ petition, the petitioner sought direction to protect his property allegedly encroached upon by villagers. The Court noted an earlier order had already secured the land release from encroachment, an NCR was registered, and a local enquiry found open land usage by families. The Court held sufficient action was taken.

What did the court decide?

Petition disposed of with direction that petitioner file a fresh application before the SP if grievances persist.

Jug Paltan Singh @ Paltan Singh Vs The State of Bihar — Landlord and Tenant | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1878 of 2023

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======================================================

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Jug Paltan Singh @ Paltan Singh S/o Ram Pyare Singh Resident of VillageHarichhapra, P.S.- Dumra, Dist.- Sitamarhi ... Petitioner/s

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Versus

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The State of Bihar through Home Department, Government of Bihar, Patna. 2. The District Magistrate cum Collector, Dist.- Sitamarhi. 3. The Superintendent of Police, Dist.- Sitamarhi. 4. The Sub-Divisional Officer, Sub-divisional Sitamarhi Sadar, Dist.Sitamarhi.

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The District Panchayat Raj Officer, Dist.- Sitamarhi. 6. The Block Development Officer, Dumra, Dist.- Sitamarhi. 7. The Circle Officer, Dumra, Dist.- Sitamarhi. 8. The Officer Incharge of Dumra Police Station, P.S.- Dumra, Dist.Sitamarhi.

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The Mukhiya Gram Panchayat Raj Hari Chhapra, P.S.- Dumra, Dist.Sitamarhi.

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Fekan Singh, S/o Ram Swarath Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Fakira Singh, S/o Chulhai Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Naga Singh, S/o Late Ram Chandra Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Ram Bharosh Singh, S/o Late Rambriksh Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Ram Prasad Singh, S/o Late Rajnandan Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Laxman Singh, S/o Late Nathuni Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Ram Lalit Singh, S/o Fakira Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Sunil Singh, S/o Late Ram Swarath Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Sita Saran Singh, S/o Ram Bharosh Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Ranjan Singh, S/o Thaga Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Sivam Kumar @ Siya Bihari Singh, S/o Thaga Singh Resident of VillageHari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Awadh Kumar, S/o Thaga Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Devendra Singh, S/o Naga Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Shyam Kumar, S/o Naga Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Patna High Court CWJC No.1878 of 2023(3) dt.05-10-2023 2/4

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Bharat Singh, S/o Fekan Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Ram Narayan Singh, S/o Fekan Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Ajay Kumar, S/o Fekan Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Indal Singh, S/o Laxman Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Shiv Balak Singh, S/o Laxman Singh Resident of Village- Hari Chhapra, P.S.- Dumra, Dist.- Sitamarhi.

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Sikandra Singh, S/o Laxman Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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Uday Kumar, S/o Fakira Singh Resident of Village- Hari Chhapra, P.S.Dumra, Dist.- Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Respondent/s : Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 05-10-2023

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Heard learned counsel for the petitioner and the State.

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Present writ petition has been filed for a direction to the respondents to protect the life and property of the petitioner as well as to take appropriate action against respondents no. 9 to 30 in accordance with law.

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Learned counsel appearing for the petitioner submits that Respondents no. 9 to 30 are his villagers and they in connivance with Mukhia of the village got utilized his land in construction of a road. He submits that the land of a person cannot be utilized by the State authority without due acquisition of the land in question.

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Patna High Court CWJC No.1878 of 2023(3) dt.05-10-2023 3/4

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Learned counsel for the State submits that earlier petitioner had filed C.W.J.C.No. 592 of 2016 with grievance that upon khatiyani land of the petitioner of plot nos. 2673 and 2674 appertaining to khata no. 524 and plot no. 2699 appertaining to khata no. 497 altogether an area of 11 decimals and of plot nos. 500, 2321 and 2328 appertaining to khata nos. 525, 524 and 439 respectively of village Hari Chapra, police station Dumra, District Sitamarhi are being utilized for construction of a road on the recommendation of Mukhia of gram panchayat Hari Chapra in connivance with the villagers. This Court vide order dated 26.2.2016 directed the District Magistrate to examine as to whether land of the petitioner has been or is being utilized for construction of the road concerned or not. If it is found that the petitioner’s land had been used for construction of the road without his consent, then that should be stopped immediately. Construction made, if any, should be removed forthwith so that the land could be brought to its original nature and form and possession should be delivered to the petitioner. In compliance of the aforesaid order, land of the petitioner was freed from encroachment and while fencing the area, petitioner tried to fence the private land of Badri Baitha and Thaga Singh which was protested by local villagers and to maintain peace, Sanha/

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Patna High Court CWJC No.1878 of 2023(3) dt.05-10-2023 4/4

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NCR No.79 of 2023 dated 20.7.2023 under section 107 of the Cr.P.C. was registered against 22 persons. On the direction of the SP, Sitamarhi and the SDPO, Sadar, SHO, Dumra, Sitamarhi conducted an enquiry along with the local chowkidar and the villagers, in which it was found that there is an open land (Private) in front of the house of the petitioner and Badhari Baitha, which is used by at least 40 families as a common way.

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Considering the rival submissions of the parties, this Court is of the view that sufficient action has already been taken against the respondents to restrain them from making encroachment of petitioner’s land. However, if the petitioner still has any grievance with respect to his life and property, he may file a fresh application before the SP, Sitamarhi who in tern shall examine the same and pass appropriate order in accordance with law.

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Writ petition stands disposed of with the aforesaid directions.

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(Prabhat Kumar Singh, J)

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shashi/-

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Jug Paltan Singh @ Paltan Singh v. The State of Bihar

Case brief

What is this about?

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Jug Paltan Singh @ Paltan Singh v. The State of Bihar

Case brief

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