Santosh Sahani and Ors. v. The State Of Bihar and Ors.

Patna HC5 Dec 2024CWJC/10524/2016

Case brief

AI extract

What is this about?

Bihar Public Land Encroachment Act 1956; Section 6(1); Encroachment Case No. 1 of 15-16; Circle Officer Bandra Muzaffarpur; notice dated 22.2.2016; objections within four weeks; no coercive action; ex-parte final order; writ petition disposed; CWJC No. 10524 of 2016; Mohit Kumar Shah, J.; Tirhut Division; Sakari Moun; Piyar; Muzaffarpur.

What did the court decide?

Liberty to the petitioners to file objections before Respondent No. 5 (Circle Officer, Bandra) within four weeks; Respondent No. 5 to consider such objections in accordance with law and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 forthwith; no coercive action against the petitioners till then; failing objections, final order to be passed ex-parte. ¶¶31

Santosh Sahani and Ors. Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice dated 22.2.2016 issued in connection with Encroachment Case No. 1 of 15-16 by the Circle Officer, Bandra (Respondent No. 5) should be quashed.

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Court's answer

The petitioners may file their objections before Respondent No. 5 (Circle Officer, Bandra), which shall be considered in accordance with law, and Respondent No. 5 shall pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

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Ratio / Principle

Liberty is granted to the petitioners to file their objections before Respondent No. 5 within a period of four weeks, with protection sought for the interregnum period.

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Key takeaways

In case appropriate objections are filed by the petitioners within four weeks, Respondent No. 5 shall consider the same in accordance with law and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, forthwith.ratio¶¶27
Till the final order under Section 6(1) is passed (upon objections being filed within four weeks), no coercive action shall be taken against the petitioners.ratio¶¶27
In case no objection is filed by the petitioners within four weeks, Respondent No. 5 shall nonetheless proceed to pass the final order ex-parte.

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J.), Civil Writ Jurisdiction Case No. 10524 of 2016, decided 05-12-2024: Twelve petitioners of Sakari Moun, Police Station Piyar, District Muzaffarpur sought quashing of a notice dated 22.2.2016 issued in connection with Encroachment Case No. 1 of 15-16 by the Circle Officer, Bandra (Respondent No. 5). Learned counsel for the Respondent-State admitted that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 had yet been passed. The Court granted the petitioners liberty to file their objections before Respondent No. 5 within four weeks, directed that such objections be considered in accordance with law and the final order under Section 6(1) be passed forthwith, and that no coercive action be taken against the petitioners in the interregnum; it clarified that if no objection is filed within four weeks, Respondent No. 5 shall nonetheless pass the final order ex-parte. The writ petition stands disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10524 of 2016

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

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Santosh Sahani Son of Bindu Sahani 2. Bhola Sahani Son of Thagan Sahani

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Shambhu Sahani Son of Bhola Sahani

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Kailash Sahani Son of Bhola Sahani

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Muneshwar Sahani Son of Shivjee Sahani

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Raj Kishore Sahani Son of Balihari Sahani

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Sakuntala Devi Wife of Devan Sahani

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Bibha Devi Wife of Sanjay Sahani

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Lalita Devi Wife of Mauje Sahani 10. Mala Devi Wife of Baiju Sahani 11. Usha Devi Wife of Awadhesh Sahani

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Krishna Devi Wife of Khekharmal Sahani All are resident of Sakari Moun, Police Station Piyar, District Muzaffarpur

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... ... Petitioner/s

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Versus

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The State Of Bihar.

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The Commissioner, Tirhut Division, Muzaffarpur

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The District Magistrate, Muzaffarpur 4. The Sub - Divisional Magistrate - Cum - Sub Divisional officer, East Muzaffarpur, District Muzaffar

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The Circle Officer, Bandra, District Muzaffarpur

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The District Fisheries officer - Cum - Chief Executive officer, Muzaffarpur

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Prashan Kumar

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Pashupati Thakur Both Serial No. 7 and 8 are Sons of Late Ramakant Thakur resident of Sakari Moun, Police Station Piyar, District Muzaffarpur

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Mahasweta Chatterjee, Adv. For the Respondent/s : Mr.Ashok Kumar- Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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5 05-12-2024 Though the present writ petition has been filed for

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quashing the notice dated 22.2.2016, issued in connection with

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Patna High Court CWJC No.10524 of 2016(5) dt.05-12-2024 2/3

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Encroachment Case No. 1 of 15-16, by the Circle Officer, Bandra, District-Muzaffarpur, i.e. the Respondent No. 5, however, at the outset, the learned counsel for the RespondentState has fairly admitted that the Respondent No. 5 has not yet passed any final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, hence, the petitioners may file their objections before the Respondent No. 5, which shall be considered, in accordance with law and the Respondent No. 5 shall pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

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At this juncture, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file their objections before the Respondent No. 5 in the aforesaid proceedings within a period of four weeks from today, however, seeks some protection during the interregnum period. Liberty, so sought, is granted.

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It is needless to state that in case, appropriate objections are filed by the petitioners within a period of four weeks from today, the Respondent No. 5 shall consider the same, in accordance with law and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, forthwith and till then, no coercive action shall be taken against the

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Patna High Court CWJC No.10524 of 2016(5) dt.05-12-2024 3/3

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petitioners.

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It is clarified that in case, no objection is filed by the petitioners within a period of four weeks from today, the Respondent No. 5 shall nonetheless, proceed to pass the final order, ex-parte.

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Accordingly, the present writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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Ajay/-

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Santosh Sahani and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Santosh Sahani and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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