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Ramanand Prasad Singh Vs The State of Bihar — Writ and Judicial Review | Patna HC (2023)

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Patna HC
2023
Ramanand Prasad Singh Vs The State of BiharRamanand Prasad Singh v. The State of Bihar

Dismissed

Ramanand Prasad Singh v. The State of Bihar

Patna HC1 Dec 2023CWJC/8523/2023

Case brief

AI extract

What is this about?

The Patna High Court, in writ jurisdiction, directed the Circle Officer to consider the petitioner's representation dated 06.07.2022 and initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956 with disposal within three months.

What did the court decide?

Direction to the Circle Officer to consider representation and initiate encroachment proceedings under Bihar Public Land Encroachment Act, 1956 within three months.

What the court decided

AI extract

Outcome

Direction to the Circle Officer to consider representation and initiate encroachment proceedings under Bihar Public Land Encroachment Act, 1956 within three months.

Issue for consideration

Whether a direction to initiate public land encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 can be granted. +1 more

Detailed headnote1 paragraphs

The Court directed the Circle Officer to consider the petitioner's representation alleging encroachment. If substance is found, an encroachment case under the Bihar Public Land Encroachment Act, 1956 must be initiated and disposed of within three months after hearing concerned parties. A copy of the order was sent to the District Magistrate.

A compact analysis

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.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8523 of 2023

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

Ramanand Prasad Singh S/o Late Rambilas Prasad Singh Vill. and P.O. Sadanandpur, P.S. Ballia, Dist. Begusarai-851211.

... ... Petitioner/s

Versus

The State of Bihar through teh District Magistrate, Begusarai, Bihar.

The Sub Divisional Officer, Ballia, Begusarai, Bihar.

The Circle Officer, Ballia, Begusarai, Bihar.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Sanket For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

3 01-12-2023 Heard the parties.

This application has been filed on behalf of the petitioner seeking a direction to the respondent authorities to initiate public land encroachment proceedings under the Bihar Public Land Enroachment Act, 1956 pursuant to the application of the petitioner dated 06.07.2022.

The Circle Officer, Ballia is directed to consider the representation of the dated 06.07.2022 and if he finds substance in the allegation levelled by the petitioner then an encroachment case under the Bihar Public Land Encroachment Act, 1956 shall be initiated against the encroachers and the same shall be disposed of in accordance with law after hearing all the concerned parties within three months from the date of receipt/communication of a copy of this order.

Patna High Court CWJC No.8523 of 2023(3) dt.01-12-2023 2/2

With the aforesaid directions, this application is

disposed of.

Let a copy of this order be communicated to the District Magistrate, Begusarai through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J)

Vikas/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a direction to initiate public land encroachment proceedings under the Bihar Public Land Encroachment Act, 1956 can be granted.
2.
Whether the Circle Officer is directed to consider the petitioner's representation and dispose of the encroachment case within three months.

Statutes considered

1 provisions across 1 enactments

AI extract

Bihar Public Land Encroachment Act1956

Parties & counsel

AI extract

petitioner
Ramanand Prasad Singh
respondent
The State of Bihar
respondent
The Sub Divisional Officer, Ballia
respondent
The Circle Officer, Ballia

Coram

AI extract

Sandeep Kumar

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 1 Dec 2023 · December
Registered: 21 Jun 2023
Case no.: CWJC/8523/2023
CNR: BRHC010440972023
Topic: Writ and Judicial Review
Bench: Sandeep Kumar
Disposal: DISPOSED

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Cite this judgement

Ramanand Prasad Singh v. The State of Bihar, CWJC/8523/2023 (PAT), decided on 1 December 2023.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Bihar Public Land Encroachment Act1956

View all statutes

Bench / Coram

Sandeep Kumar

Parties & counsel