Disposed

Arvind Kumar v. The State of Bihar

Patna HC10 Jul 2023CWJC/8289/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order declaring the petitioner an encroacher. The Court granted liberty to file an appeal under Section 11 of the Bihar Public Land Encroachment Act, directing the authority to consider it on merits with status quo maintained.

What did the court decide?

Liberty granted to file appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956; status quo maintained.

Arvind Kumar Vs The State of Bihar — Patna HC (2023) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8289 of 2023

¶2

======================================================

¶3

Arvind Kumar Son of Ramashray Prasad, Resident of Village- Gandhi Nagar, Bele Police Station- Parwalpur, District- Nalanda.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna.

¶7

The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

¶8

The District Magistrate, Nalanda, District- Nalanda.

¶9

The Additional Collector, Nalanda, District- Nalanda.

¶10

The Deputy Development Commissioner, Nalanda, District- Nalanda.

¶11

The Sub Divisional Officer, Hilsa, District Nalanda.

¶12

The Programme Officer, MANREGA, District- Nalanda.

¶13

The District Education Officer, Nalanda, District- Nalanda.

¶14

The Circle Officer, Circle Parwalpur, Police Station- Parwalpur, DistrictNalanda.

¶15

The Mukhiya Gram Panchayati Raj Chousanda, Police Station- Parwalpur, District- Nalanda.

¶16

... ... Respondent/s

¶17

======================================================

¶18

Appearance :

¶19

For the Petitioner/s : Mr.Rabindra Prasad Singh, Adv. For the Respondent/s : Mr.Jitendra Kr. Roy 1, SC-13 Mrs.Usha Kumari Singh,AC to SC-13

¶20

======================================================

¶21

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT

¶22

Date : 10-07-2023

¶23

The present writ petition has been filed seeking

¶24

the following relief:-

¶25

“1.That this writ application is being filed on behalf of the petitioners for issuance of an appropriate order/ orders/ direction/directions/writ in the nature of certiorari to set aside the Praptra II issued by the Circle Officer, Nalanda dated

¶26

Patna High Court CWJC No.8289 of 2023 dt.10-07-2023 2/3

¶27

16.05.2023 in connection of Encroachment Case No. 02/2022-23 mandamus directing and commanding to the Respondents to vacate /demolish the new constructed wall of the school by which the rasta of the petitioner along with other villagers has been stopped due to construction of wall of the school under scheme of MNREGA by the local Mukhiya and other respondents.”

¶28

The learned for the respondent-State has at the outset, handed over a copy of the final order, passed by the Circle Officer, Parwalpur, Nalanda, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, which is dated 16.05.2023, whereby and whereunder the petitioner has been held to be an encroacher and he has been directed to remove the encroachment in question by 30.05.2023.

¶29

The learned counsel for the petitioner, in view of the aforesaid, seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 16.05.2023, passed by Circle Officer, Parwalpur, Nalanda, by filing appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

¶30

It is needless to state that in case appropriate

¶31

Patna High Court CWJC No.8289 of 2023 dt.10-07-2023 3/3

¶32

appeal is filed, within a period of four weeks from today, the Appellate Authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter and till then status quo existing as on today qua the land/house of the petitioner in question, shall be maintained.

¶33

The writ petition stands disposed off on the

¶34

aforesaid terms.

¶35

(Mohit Kumar Shah, J)

¶36

sonal/-

¶37

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	11.07.2023
Transmission Date	NA

Arvind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Babu Paswan Vs The State of Bihar

Rekha Devi @ Rekha Kumari Vs The State of Bihar

Ghuran Mahto Vs The State of Bihar

Vinay Singh @ Vinay Yadav Vs The State of Bihar

Md. Parwej Ahmad Vs The State of Bihar

Hari Narayan Ray @ Hari Nr. Roy @ Hari Narayan Rai Vs The State of Bihar