This writ petition sought removal of a government water tank on disputed land. The Court held that land title determination requires detailed evidence and is unsuitable for Article 226 proceedings.
Petitioner granted liberty to file a proper suit in the civil court of competent jurisdiction.
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.3790 of 2023
======================================================
Anku Kumar Gupta Son of Rajendra Prasad Gupta @ Rajendra Prasad Sah, resident of Village- Chandra Bhanpur, P.S. Sajour (Shahkund), DistrictBhagalpur.
... ... Petitioner
Versus
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar, Advocate For the Respondent/s : Mr.Rishi Raj Sinha (SC19), Mr. Manoj Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 02-11-2023
Heard learned counsel for the petitioner and the State.
Patna High Court CWJC No.3790 of 2023(5) dt.02-11-2023 2/2
constructed over the land of the petitioner. However, measurement of the land was done by the Government amin on 1.11.2021 who submitted vague report without proper adjudication of grievance of the petitioner.
(Prabhat Kumar Singh, J)
Shashi
U
1 issue framed by the court
Whether a question of disputed land title between private and Government claim is maintainable via Article 226 writ proceeding.
1 provisions across 1 enactments
Anku Kumar Gupta
The State of Bihar
The District Magistrate, Bhagalpur
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
