Dismissed¶23

Satyendra Rai v. the State of Bihar

Patna HC15 Jan 2024CR. REV./384/2019

Case brief

AI extract

What is this about?

Patna High Court criminal revision dismissed; Section 133 Cr.P.C. proceeding converted to Section 147 Cr.P.C.; Jagdamba Temple Trust Committee gate pillars found on public road, not on petitioner's Plot No. 1041; no encroachment; no obstruction to ingress and egress; Amin (Land Surveyor) field report and Salimpur police report relied upon; Executive Magistrate's order upheld as free from irregularity or illegality; revision dismissed on contest (15-01-2024, Bibek Chaudhuri, J).

What did the court decide?

On perusal of the impugned order and the entire materials on record, the Court finds no irregularity or illegality in the impugned order of the learned Executive Magistrate. ¶22

Satyendra Rai Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.384 of 2019

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Arising Out of PS. Case No.- Year-0 Thana- District- Patna

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Satyendra Rai, Son of Late Saryug Singh, Resident of Village-Narauli, P.S.Salimpur, District-Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Jagdamba Temple Trust Committee through its Secretary, Mauza Gangapur Narauli, p.s.-Salimpur , District- Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr. Anil Kumar Singh No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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4 15-01-2024

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The petitioner claims himself to be the owner of Plot No. 1041 of Mauza – Gangapur Narauli within Police Station - Salimpur (Thana No. 174), District – Patna. A four lane highway is running from south to north through adjacent west of the Plot No. 1041, owned by the petitioner. The Opposite Party No. 2 is the Jagdamba Temple Trust Committee, represented through its Secretary, Mauza - Gangapur Narauli, P.S. - Salimpur, District – Patna.

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The petitioner filed a proceeding under Section 133 of the Code of Criminal Procedure, alleging, inter alia , that the Opposite Party No. 2 has been constructing a gate of Jagdamba Temple, encroaching upon a portion of the public road in Plot

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Patna High Court CR. REV. No.384 of 2019(4) dt.15-01-2024 2/3

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No. 1046. For the purpose of construction of the said gate, the trust Committee constructed 3 feet wide and 3 feet long pillar on both side of the petitioner’s land, which caused obstruction in easy thoroughfare of the petitioner to his Plot No. 1041.

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At the time of hearing, petition under Section 133 of the Cr.P.C. was converted to a petition under Section 147 of the Cr.P.C.

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The learned Executive Magistrate perused the case and counter case of the parties as well as the report of the Officer Incharge of Salimpur Police Station and the sketch map, prepared by the Amin (Land Surveyor) of the local land and Land Revenue Department. The learned Magistrate came to the finding that the pillars of the gate of Jagdamba Temple are constructed on the public road. Therefore, there is no encroachment upon the petitioner’s plot, i.e., Plot No. 1041.

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It appears from the materials on record that the foundation of the pillars of the gate will be 3 feet x 3 feet. If a pillar is constructed on the government land, adjacent to Plot No. 1041, the petitioner should not have any objection against such construction. The learned Magistrate rightly held on perusal of the materials on record and the field report, submitted by the Amin (Land Surveyor) that the first party / petitioner will

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Patna High Court CR. REV. No.384 of 2019(4) dt.15-01-2024 3/3

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have no obstruction in ingress and egress to his land bearing Plot No. 1041.

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