The Patna High Court allowed a writ petition seeking quashing of a notice to remove public land encroachment. The court granted liberty to appeal the encroachment order, maintained status quo, and restrained coercive action.
Liberty granted to file appeal within four weeks; status quo maintained; coercive action restrained pending appeal; writ disposed.
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.975 of 2023
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Baban Singh Son of Late Lal Dhari Singh Resident of Village- Fuladi, Post Office- Fuladi, Police Station- Sandesh, District- Bhojpur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the State : Mr.Vinay Kirti Singh (Ga2) Mr. Akhileshar Singh, AC to GA-2
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 04-07-2023
following relief:-
“1) For issuance of an appropriate writ commanding in the nature of certiorari for quashing the notice dated 14/12/2022 issued by the respondent number 6 i.e. Anchala Adhikari, Sandesh, Bhojpur under section 6 (2) of the Bihar Land Encroachment Act, 1956 whereby and whereunder respondent number 6 has been
Patna High Court CWJC No.975 of 2023 dt.04-07-2023
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pleased to direct the petitioner/brother of the petitioner to remove the encroachment over the land situated in village - Fuladi,, Police Station - Sandesh, District - Bhojpur, Thana number 424, plot number 3439, 3189, area 1.25 decimals, 1.044 decimals respectively till 29/12/2022 for which and order has already been passed under section 5(2) the Bihar land encroachment Act, failing which suitable action should be taken against you under section 188 of the IPC. The above noted notice dated 14/12/2022 has been received by the petitioner on 22/12/2022 as contained in annexure -7 to this writ petition
(ii) For issuance of an appropriate writ commanding the respondents to not take any coercive action against the petitioner /brother of the petitioner as per notice dated 14/12/2022 issued by the respondent number 6 under section 6 (2) of the Bihar land encroachment Act during pendency of this writ petition.”
Patna High Court CWJC No.975 of 2023 dt.04-07-2023 3/4
Public Land Encroachment Act, 1956 (for short ‘the Act, 1956’), has already been passed and the petitioner and others have been declared to be encroachers. It is also submitted that thereafter, notices were issued to the petitioner and other encroachers under Section 6(2) of the Act, 1956 on 06.12.2022, in connection with Encroachment Case No.3 of 2016, however, encroachment in question could not be removed till date, on account of pendency of the present writ petition.
Patna High Court CWJC No.975 of 2023 dt.04-07-2023 4/4
limitation, and till then status quo, existing as on today qua the land/house of the petitioner in question, shall be maintained.
aforesaid terms.
(Mohit Kumar Shah, J)
kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 05.07.2023 |
| Transmission Date | NA |
3 issues framed by the court
Whether to grant liberty to the petitioner to file an appeal challenging the final order declaring them an encroacher under Section 11 of the Bihar Land Encroachment Act, 1956.
Whether to maintain the status quo of the petitioner's land pending the disposal of the appeal.
Whether to restrain the respondents from taking coercive action against the petitioner during the pendency of the writ petition.
4 provisions across 2 enactments
Baban Singh
The State of Bihar
The Secretary, Rural Development Department, Govt. of Bihar
The District Magistrate, Bhojpur
The Additional Collector, Bhojpur
The Deputy Collector of Land Reforms, Bhojpur
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
