Dismissed

Ram Kumar Chaudhary v. The State of Bihar

Patna HC24 Jun 2023CWJC/8611/2023

Case brief

AI extract

What is this about?

A Public Interest Litigation filed by the petitioner's partner, Ram Kumar Chaudhary, seeking removal of encroachment by the Special NDRF and direction to construct Sant Ravidas Samriti Bhawan, was dismissed in limine on the grounds that land removal falls under the Bihar Public Land Encroachment Act, 1956, while construction is a policy decision for the State Government.

What did the court decide?

Writ petition refused and rejected in limine.

Ram Kumar Chaudhary Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8611 of 2023

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Ram Kumar Chaudhary, son of Upendra Chaudhary, Resident of village Ahiyapur, Govindpur, P.S. Mansoorchak, District Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Home Secretary, Government of Bihar, Patna.

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The Commissioner, Munger.

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The District Magistrate, Begusarai.

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The Sub-Divisional Magistrate, Teghra.

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The Block Development Officer, Bhagwanpur, District-Begusarai.

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The Circle Officer, Bhagwanpur, District-Begusarai.

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Chandra Shekhar Rai, son of Prabhu Rai, Resident of Village Sherpur Sahilori, Ward No. 10, P.S. Bhagwanpur, District-Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Hare Krishna Prasad, Advocate For the Respondent/s : Mr. Mujtabaul Haque (GP-12) Mr. Manish Kumar, A.C. to G.P. 12

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CORAM: HONOURABLE THE CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 24-06-2023

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The above writ petition is filed in public interest seeking removal of encroachment made by Respondent No. 8 from a piece of land more fully described in the memorandum. The petitioner also seeks for a direction that over the said land Sant Ravidas Samriti Bhawan may be constructed for which funds have been sanctioned and the Circle Officer, Bhagwanpur has also issued a No Objection Certificate.

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Patna High Court CWJC No.8611 of 2023 dt.24-06-2023 2/2

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A reading of the memorandum and also the various annexures produced indicate that the authorities are seized of the specific request made by the petitioner and that communications are being exchanged. As far as encroachment is concerned, either the authorities or even the petitioner can proceed under the Bihar Public Land Encroachment Act, 1956. In so far as the construction of a memorial, that is the policy decision of the State Government and it is not proper for us to precipitate any such construction in a particular piece of land or in a specific location; which direction also would not cater to any public interest.

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As such, we refuse to entertain the writ petition and reject the same in limine .

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(K. Vinod Chandran, CJ)

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(Partha Sarthy, J)

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P.K.P./Anushka

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AFR/NAFR
CAV DATE
Uploading Date	27.06.2023
Transmission Date

Ram Kumar Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Kumar Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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