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Dharm Nath Singh v. The State of Bihar

Patna HC14 Mar 2023CWJC/2472/2023

Case brief

AI extract

What is this about?

This writ petition challenged an order directing removal of encroachment from public land issued on 02.02.2023. The court held the notice illegal without a prior order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. The notice was annulled, and the District Magistrate was directed to take action against the Circle Officer.

What did the court decide?

The notice dated 02.02.2023 stands annulled. The District Magistrate directed to take action against the Circle Officer and report to the Court.

Dharm Nath Singh Vs The State of Bihar — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2472 of 2023

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Dharm Nath Singh S/o- Late Devcharan Singh Resident of Village- Gorkhari, Police Station- Vikram, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.

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The Director, Land Record and Measurement Department, Patna.

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The Collector, Patna.

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The Additional Collector, Vikram, Patna.

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Sub-Divisional Officer, Paliganj, Vikram, Patna.

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The Circle Officer, Vikram, Patna.

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Circle Inspector, Circle Office, Vikram, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Suresh Mishra,Adv. For the Respondent/s : Mr.Sajid Salim Khan,SC-25

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 14-03-2023 The present writ petition has been filed seeking the

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following reliefs:-

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"1.(I) For issuance of an appropriate writ/writs or order/orders or direction/directions in the nature of certiorari for quashing the order contained in letter no.306 dated 02.02.2023 passed in Encroachment Case No.03/22-23 whereby and where under the petitioner has been directed to remove encroachment from land bearing plot no.3330 & 3331 situated in MauzaGorkhari, Thana no.65, Police Station-Bikram, upto the date 20.02.2023.

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(II) For issuance of an appropriate

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Patna High Court CWJC No.2472 of 2023(3) dt.14-03-2023 2/3

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writ/writs or order/orders or direction/directions in the nature of mandamus commanding the respondent concerned authority to accept revenue rent of the land in question and issue rent receipt in favour of the present petitioner."

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The learned counsel for the respondent-State has filed a counter affidavit, sworn by the District Magistrate, Patna, wherein in paragraph no.12, it has been stated that no order has been passed under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, against the petitioner and an illegal notice has been issued to the petitioner on 02.02.2023, under Section 6(2) of the Bihar Public Land Encroachment Act, 1956. It is also submitted that a show cause has been issued to the Circle Officer, Bikram, as to why a departmental proceeding be not initiated against him for issuing an illegal notice and in the meantime, he has also been asked to withdraw the aforesaid notice dated 02.02.2023.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Patna, to take appropriate action, in accordance with law, against the erring Circle Officer, Bikram, and report the same to the Registrar General of this Court.

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The statement made by the District Magistrate,

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Patna High Court CWJC No.2472 of 2023(3) dt.14-03-2023 3/3

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Patna, to the effect that the notice dated 02.02.2023, has been issued illegally, is taken note of and accordingly the said notice dated 02.02.2023 stands annulled.

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The writ petition stands disposed off on the

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aforesaid terms.

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(Mohit Kumar Shah, J)

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kanchan/sonal-

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Dharm Nath Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharm Nath Singh v. The State of Bihar

Case brief

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