Parenpter sought a writ to remove encroachments on government public land in Gaya through judicial directions. The Single Judge held the PIL not maintainable due to the availability of an efficacious statutory remedy under the Bihar Public Land Encroachment Act, 1956, and dismissed the prayer.
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.9062 of 2023
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Manoj Kumar Son of Late Rameshwar Prasad Resident of Vageshvari Road, Vageshwari Gumti, P.S.-Delha, District-Gaya. ... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Respondent/s : Mr. Md. Mujtabaul Haque GP12
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
2 04-07-2023 Heard the parties.
The petitioner who claims himself to be a social
worker, has filed the instant case in the nature of a public
Patna High Court CWJC No.9062 of 2023(2) dt.04-07-2023 2/4
interest litigation praying for the following relief(s) :-
“(1) To direct the respondents authorities to remove the encroachment upon the Government Public Land under Gaya Mauza-Kandi Nawada, Thana No. 189, Plot No. 502, 517, 533, 540, 541 type Gairmajarua Aam land for need of Gaya City looking as and moving freely smoothly without any hindrance.
(II) To direct the respondents authorities to remove the encroachment upon the Government Public Land soon in the Survey Khatiyan as Gairmajarua Malik under Gaya Mauja Kandi- Nawada, Thana No. 189, Plot No. 492, 538, 504, 536 and 457 total area 25 decimal. The aforesaid land has been encroaches by encroachers.
(III) To direct the respondent authorities to accelerate enquiry and take appropriate action against erring officials and persons by who omission and commission has resulted in loss of huge amount of pubic money, which will be evident from the facts narrated in detail in subsequent paragraphs hereto.
(IV) To appoint the independent agency to enquire, institute and investigate the regular case for fair and impartial investigation and to submit report to the
Patna High Court CWJC No.9062 of 2023(2) dt.04-07-2023 3/4
competent authority/ court so that those guilt of misuse of public land are brought to book and are not left scot free with protective umbrella.
(V) To direct the respondents to do the necessary action within fortnight and remove the encroachment and said free the Gaya Town from the encroachment upon Giarmazarua Aam and Giarmazarua Mali land/Public land.
The case of the petitioner in brief is that as a result of the illegal sale in which the respondent authorities were also involved, a Gairmajarua-aam land public land was sold on which an illegal construction has been made on the public land. Inspite of various attempts by the petitioner, the encroachers are are not ready to vacate the same. The petitioner having filed representations before the respondents, they continue to sit over the same for the last more than seven years. Hence this case.
Having perused the material on record and having heard learned counsel for the parties, in the opinion of the Court, the instant case filed in the nature of a public interest litigation is not maintainable. The petitioner has an equally alternate and efficacious remedy of moving the statutory authority under the Bihar Public Land Encroachment Act, 1956.
Patna High Court CWJC No.9062 of 2023(2) dt.04-07-2023 4/4
In view of the above, the instant case being not
maintainable, the same is dismissed.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether a PIL filed for removal of encroachment on government public land is maintainable under Article 226 of the Constitution given the existence of a specific statutory remedy under the Bihar Publi
Whether the petitioner possesses an equally efficacious alternate remedy before moving the High Court in writ jurisdiction.
1 provisions across 1 enactments
Manoj Kumar
State of Bihar through its Principal Secretary, Land Reforms Department
District Magistrate, Gaya
Circle Officer, Town Circle, Gaya
National Textile Corporation Limited
N.L.B.D. Marketing Pvt. Ltd.
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
