High Court in civil writ jurisdiction directed Circle Officer to dispose of encroachment application per law, hearing affected party, and decide within three months.
Directive to Circle Officer to act on application under Bihar Public Land Encroachment Act, 1956, hearing respondent, and decide within three months.
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.3625 of 2023
======================================================
Umesh Kumar Prasad S/o Ram Pukar Yadav R/o Vill. Khaprailchak, Parsa Bazar, Patna, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Srivastava For the Respondent/s : Mr.Md. Khurshid Alam (Aag12) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 22-11-2023 Heard the parties.
Singh submits that his application for removal of encroachment
has been filed on 25.01.2022 is pending before the Circle Officer, Phulwarisharif, Patna. No cognizance of the application is being taken by the circle officer for the reasons best known to him. His limited grievance/prayer is that the circle officer may be directed to act in accordance with law and according to the provisions of Bihar Public Land Encroachment Act, 1956 and after holding an enquiry and after hearing the respondent No.
Patna High Court CWJC No.3625 of 2023(2) dt.22-11-2023 2/2
(Sandeep Kumar, J)
Vikas/-
U
3 issues framed by the court
Whether the Circle Officer is directed to act upon the petitioner's application for removal of encroachment in accordance with law.
Whether the encroachment proceeding must be decided within three months.
Whether the affected party must be heard before notice is issued to the encroacher.
1 provisions across 1 enactments
Umesh Kumar Prasad
State of Bihar
Collector, Patna
Sanjit Kumar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
