Dismissed

Mukteshwar Prasad Singh Mukesh v. The State Of Bihar and Ors.

Patna HC3 Jul 2023CWJC/2135/2015

Case brief

AI extract

What is this about?

The petitioners sought a direction to declare disputed land as a school playground. The Court held that designating land as a playground is a policy decision for the Government and dismissed the writ petition, noting that legality of land settlements to landless persons cannot be reviewed here.

What did the court decide?

Petition dismissed; no direction to declare land as playground given.

Mukteshwar Prasad Singh Mukesh Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2135 of 2015

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Mukteshwar Prasad Singh Mukesh son of Late Anirudh Prasad Singh resident of village Panchayat- Berai, P.S. - Sarai, District- Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Revenue and Land Reforma, Bihar, Patna.

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The District Magistrate-cum-Collector, District- Vaishali.

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The Sub-divisional Officer, Hajipur, District- Vaishali.

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The Deputy Collector Land Reform, Vaishali at Hajipur.

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The Land Acquisition Officer, Vaishaili at Hajipur.

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The Circle Officer, Hajipur, District- Vaishali.

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The Block Development Officer, Hajipur, District- Vaishali.

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Officer-in-charge, Sarai Police station, District- Vaishali.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Ms. Bela Singh, Advocate For the Respondent/s : Mr. Ajay, G.A.12

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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4 03-07-2023 The petitioner is before the Court seeking a direction

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to the respondents to declare the specified land situated near Upgraded Middle School of Berai as its playground. It is also submitted that it is used as playground and graveyard by the villagers of Berai and Afjalpur Dhobghatti Gram Panchayat since 1932. There is also direction sought not to issue basgit purcha (the settlement with respect to the land) and give

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Patna High Court CWJC No.2135 of 2015(4) dt.03-07-2023 2/2

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possession in favour of outsiders.

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At the outset, we are of the opinion that whether the designated land should be declared as playground for an Upgraded Middle School is a policy decision of the State Government.

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Further the counter affidavit filed itself indicates that the lands were settled in favour of landless persons in the year 2012-13 and the writ petition itself is filed in the year 2015. None of these landless persons have been impleaded in the writ petition. The legality of which in any event cannot be considered in a petition under Article 226.

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We find no reason to keep the writ petition pending and dismiss the same.

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(K. Vinod Chandran, CJ)

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( Partha Sarthy, J)

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Bibhash/Saurabh

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Mukteshwar Prasad Singh Mukesh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mukteshwar Prasad Singh Mukesh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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