Dismissed

Phulena Ram v. The State Of Bihar and Ors.

Patna HC11 Apr 2023CWJC/2510/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging encroachment on public road land. Rather than directing immediate removal, the court directed the Circle Officer to conclude pending encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 within six weeks and pass a final order.

What did the court decide?

Directing the Circle Officer, Harsidhi, to conclude the pending Encroachment Case No.19 of 2017-18 by passing a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 within si

Phulena Ram Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2510 of 2017

¶2

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

¶3

Phulena Ram son of Late Rudal Ram resident of Village - Rampurwa, P.S. - Harsidhi, District - East Champaran Bihar.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State Of Bihar.

¶7

The Collector of the District East Champaran, Motihari.

¶8

The Sub-Divisional Officer, Areraj Sub Division, District - East Champaran.

¶9

Circle Officer, Harsidhi, District - East Champaran.

¶10

Kari Mahto

¶11

Bhardula Mahto

¶12

Both sons of Late Chandan Mahto

¶13

Both residents of Village - Rampurwa, P.S. - Harsidhi, District - East Champaran Bihar.

¶14

... ... Respondent/s

¶15

====================================================== Appearance : For the Petitioner/s : Mr.Umesh Tiwari, Advocate For the State : Mr.Dhurjati Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶16

2 11-04-2023

¶17

The present writ petition has been filed seeking the following relief:-

¶18

“That this is an application for issuance of a Writ in the nature of Mandamus, commanding the Respondent Nos.1 to 4 to remove the encroachment made over public land of Khata No.187, Plot No.884 by Respondent Nos.5 and 6, which is public road and used by general public of locality on amongst others.”

¶19

At the outset, the learned counsel for the

¶20

Patna High Court CWJC No.2510 of 2017(2) dt.11-04-2023 2/2

¶21

respondent-State has submitted, by referring to the counter affidavit, filed in the present case that the Circle Officer, Harsidhi, East Champaran has already initiated encroachment proceedings vide Encroachment Case No.19 of 2017-18, wherein the encroachers have appeared and filed their obections, which are being examined, hence, the proceedings of the aforesaid encroachment case would definitely be taken to its logical conclusion, within a fixed time frame.

¶22

Accordingly, the writ petition stands disposed off with a direction to the Circle Officer, Harsidhi, East Champaran to conclude the proceedings of the aforesaid Encroachment Case No.19 of 2017-18 by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law, within a period of six weeks from today.

¶23

(Mohit Kumar Shah, J)

¶24

kanchan/Saurav

¶25

Phulena Ram v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Phulena Ram 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

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harish Chandra Prasad Raw Vs The State Of Bihar and Ors.

Parmod Kumar Mishra Vs The State Of Bihar and Ors.

Md. Murtaza Vs The State of Bihar

Pushplata Devi Vs The State Of Bihar and Ors.

Mostt. Durga Devi Vs The State Of Bihar and Ors.

Smt. Laxmi Devi Vs The State Of Bihar and Ors.