High Court dismissed a writ petition filed as PIL alleging public land encroachment, observing the PIL did not involve any issue of public interest. The Court noted the petitioner could pursue remedy under the Public Land Encroachment Act, 1956.
The writ application was dismissed as it did not involve an issue of public interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3019 of 2023
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Bindu Kumar, S/o- Late Chandeshwar Prasad, Resident of Village and P.O.Eksara, P.S.- Ben, District- Nalanda.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Ram Sandesh Roy, Advocate For the Respondent/s : Mr. Md. Khurshid Alam, AAG-12
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
2 05-04-2023 The instant writ petition has been filed as a Public Interest Litigation for removal of encroachment from lands, which as per the petitioner’s case are public lands.
The petitioner has disclosed the details of the land, which is irrelevant having regard to the nature of order that we propose to pass in the instant proceedings.
The writ petitioner has enclosed some orders passed by the Authorities under the Public Grievance Redressal Act, 2015.
Having considered the submission of learned counsel
Patna High Court CWJC No.3019 of 2023(2) dt.05-04-2023 2/2
for the petitioner, we observe that the Public Land Encroachment Act, 1956 (hereinafter referred to as “Act”), provides for initiation of proceedings for removal of encroachment under Section 3 of the Act. The statute provides remedy to the petitioner, if the lands which are alleged to have been encroached are public lands.
We refrain from giving any finding on this aspect and leave it to the petitioner to pursue his remedy as per law.
The writ application does not involve any issue of public interest and is accordingly dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
shashank/-
U
1 issue framed by the court
Whether a writ petition filed res judicata regarding the plaintiff did not involve any issue of public interest and therefore dismissed.
2 provisions across 1 enactments
Bindu Kumar
State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar
District Magistrate (Collector), Nalanda
Circle Officer, Ben
Circle Inspector, Ben
K. Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
