Writ petition challenging eviction notices on encroached land. Court held that landless status is not a defense against eviction; petitioners must seek official land grants separately.
Writ application dismissed; petitioners granted liberty to approach authorities for grant of land.
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.4817 of 2023
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash, Adv. Mr. Gagan Yadav, Ad. Mr. Vdeshya Kr. Yadav, Adv. For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
taken on record.
2. Heard the parties.
3. This application has been filed for setting aside the
notice dated 30.05.2022 as well as 14.10.2022 passed by the Collector, Madhubani and the Circle Officer, Phulparas, DistMadhubani in Encroachment Case No. 3 of 2021-22 by which the Collector, Madhubani and the Circle Officer, Phulparas, Dist-Madhubani have directed to vacate the house over the land bearing Khata No. 361, Kheshra No. 397.
Patna High Court CWJC No.4817 of 2023(4) dt.28-11-2023 2/2
5. This stand of the petitioner cannot be entertained in the writ application. If petitioners are the landless person, they should approach the authorities for grant of parcha . They cannot choose a particular piece of land and construct their house over the land in question and thereafter claim that they cannot be evicted from the encroached land.
In these circumstances, this application is dismissed. The petitioners are given liberty to approach the authorities for grant of parcha in accordance with law.
(Sandeep Kumar, J)
Harsh/
U
2 issues framed by the court
Whether landless persons can remain on encroached government land after direction to vacate.
Whether the plea of being landless is maintainable in a writ application against eviction notice.
Surya Narayan Mukhiya @ Suraj Narayan Mukhiya
Shanti Sadai
The State of Bihar through the Principal Secretary Land reforms and Revenue Department Govt. of Bihar Patna.
The District Magistrate Madhubani
The Sub-Divisional Officer Madhubani
The Circle Officer Phulparas District Madhubani
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
