In a writ petition challenging encroachment notices and orders, the court noted that a final order had already been passed and an appeal had been dismissed. The petition was disposed of as not pressed, granting liberty to seek alternative remedies.
Liberty to avail alternative remedies granted; writ petition disposed of as not pressed.
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.4506 of 2023
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Babu, Advocate For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The present writ petition has been filed seeking the
Patna High Court CWJC No.4506 of 2023(3) dt.10-07-2023 2/4
following reliefs:-
“1.(i) For issuance of a writ in the nature of a writ of certiorari quashing notices dated 03.02.2023 u/s- 6 (2) of Bihar Public Encroachment Act, 1956 served upon the petitioners giving 10 days time till 12.02.2023 to remove encroachment from plot no404/376 in khata no- 40 in thana no- 305 situated at Village- Khoji, P.S- Bandeya, District- Aurangabad in Encroachment case no- 10/2022-23 whereas the impugned notices completely in violation of law as well as even prima facie pre-judicial to the petitioner as the petitioners are bonafide raiyats / house dwellers residing for last several generation.
(ii) For issuance of a writ of mandamus commanding the respondent authorities specially the respondent no- 6 not to disturb peaceful possession / houses of these petitioners situated khata no- 3,31, 32,12 in thana no- 305 in Village- Khoji, P.S-Bandeya, District- Aurangabad.
iii) For holding that these petitioners can not be held as encroachers in a summery proceeding under Bihar Public Land Reforms Act, 1956 as the petitioners are in possession of their raiyati land / houses for more than 60-70 years. Moreover Khata / Khesra as per notice u/s- 6 (3) of Bihar Public Land Encroachment Act are completely different from actual khata and Khesra of these petitioners.
(iv) For holding that otherwise also these petitioners has neither been given opportunity of personal
Patna High Court CWJC No.4506 of 2023(3) dt.10-07-2023 3/4
hearing in encroachment case no- 10/2022-23 nor any order has been served upon these petitioners and suddenly notice u/s- 6 (3) has been served in illegal manner in violation of prescribed provision of the Act.”
At the outset, the learned counsel for the respondentState has submitted by referring to the counter affidavit, filed in the present case that the Circle Officer, Goh, Aurangabad has already passed the final order under Section 6 (1) of the Bihar Public Land Encroachment Act, 1956 on 06.02.2023, in connection with Encroachment Case No. 10 of 2022-23, whereby and whereunder, the petitioners have been held to be encroachers. The learned counsel for the respondent-State has further submitted that upon notice, the encroachers had appeared before the Circle Officer, Goh, Aurangabad and admitted that they have encroached the public land. It is also submitted that the encroachers had filed an appeal against the order passed by the Circle Officer, Goh, Aurangabad in Encroachment Case No. 10 of 2022-23, bearing Encroachment Appeal Case No. 22 of 2023, which was heard in detail and has been dismissed by a reasoned and a speaking order dated 05.06.2023, passed by the Deputy Collector, Land Reforms, Government of Bihar.
Patna High Court CWJC No.4506 of 2023(3) dt.10-07-2023 4/4
In view of the aforesaid, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to avail such other alternative remedies, as are otherwise available under the law, for redressal of their subsisting grievances. Liberty so sought is granted.
The writ petition stands disposed off as not pressed.
(Mohit Kumar Shah, J)
Saurav/-
U
4 provisions across 2 enactments
Vinay Singh @ Vinay Yadav and others
State of Bihar through Principal Secretary Land Revenue and Reforms Department, Govt. of Bihar
District Magistrate, Aurangabad
Superintendent of Police, Aurangabad
Sub-Divisional Officer Daudnagar, Aurangabad
Deputy Collector Land Reforms, Aurangabad
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
