This PIL sought removal of encroachment on public lands. The High Court held that no marginalised section was espoused, allowing the petitioner to bypass the statutory remedy. The writ was misconceived as it pertained to procedural encroachment issues covered by the Bihar Public Land Encroachment Act, 1956.
The writ petition was dismissed.
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.3571 of 2023
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Rekha Devi (Female), aged about 75 years, old, Wife of Dr. D. N. Singh, R/o
Ward No.- 34, Ujjain Tola, P.S.- Betiah Sadar, District- West Champaran, Betiah.
... ... Petitioner
Versus
... ... Respondents
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Appearance :
For the Petitioner : Mr. Rajesh Kumar Sinha, Advocate For the State : Mr. Subhash Prasad Singh, GA-3
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CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 17-04-2023
Heard learned counsel for the petitioner and learned counsel for the State.
2. The writ application has been filed as a Public Interest
Litigation (PIL) seeking direction for removal of encroachments over alleged public lands.
Patna High Court CWJC No.3571 of 2023 dt.17-04-2023 2/3
3. 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.
4. The Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act”) provides remedy for removal of encroachment from public lands. Section 4 of the Act allows an opportunity to the noticee (petitioner) to raise any defense which they could have raised if they were defendants in a properly framed suit for removal of encroachment. The Act also provides an opportunity of hearing under Section 5; as well as the consequences of nonappearance in the proceedings.
5. It is only after observing the above procedure that final order is to be passed by the Collector under Section 6 of the Act, either dropping the proceedings or passing orders for ensuring removal of encroachment, damages or otherwise. The order of the Collector for removing encroachment is also subject to appeal under Section 11 of the Act. Section 13 of the Act also provides an opportunity of review in case of any mistake or error in the course of any proceedings.
6. The issue raised by the petitioner is essentially an issue falling within the scope and ambit of the Act. The writ
Patna High Court CWJC No.3571 of 2023 dt.17-04-2023 3/3
petition, by way of a PIL, therefore, in the opinion of the Court, is misconceived. If the instant case were to be entertained as a PIL, then all issues of encroachment would be required to be dealt with by this Court as a PIL.
7. We find that no public interest concerning any marginalised section/society has been espoused in the instant writ proceedings, so as to allow the petitioner to bypass the statutory remedy whereby and whereunder the alleged encroachers of the public lands would be dealt with in a fair procedure, and leave it open for the petitioner to pursue remedy in accordance with law.
8. The writ petition is dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
shyambihari/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 21.04.2023. |
| Transmission Date | NA |
3 issues framed by the court
Whether a PIL filed by a single elderly individual regarding alleged encroachment on public land qualifies as a matter of public interest.
Whether the petitioner can bypass the statutory procedure for removal of encroachment under the Bihar Public Land Encroachment Act, 1956 by filing a writ petition.
Whether the writ petition is misconceived since the issues fall within the scope and ambit of the specific legislation.
6 provisions across 6 enactments
Rekha Devi
State of Bihar
Additional Chief Secretary Urban Development Department
Collector, West Champaran
Sub-Divisional Officer, Bettiah
Vinod Chandran
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
