Dismissed¶¶26

Prem Kumar Singh v. The State of Bihar

Patna HC14 Aug 2024CWJC/11437/2024

Case brief

AI extract

What is this about?

Encroachment on Government pond, about 3.5 acres, Bihta/Bihata, P.S. Imadpur, Anchal Tarari, District Bhojpur (Arah), Bihar; Khata No. 1055 (Kheshra 3079) and Khata No. 1056; Bihar Public Land Encroachment Act 1956; statutory/alternative remedy before designated Authority; non-joinder of alleged encroachers in PIL; no appearance by petitioners at repeated call-overs; District Administration steps per Annexures-4 and 5; writ dismissed with liberty to implead proper parties; Patna High Court CWJC No. 11437 of 2024 dated 14-08-2024; Coram: K. Vinod Chandran, CJ and Partha Sarthy, J.

What did the court decide?

No substantive relief; the petitioners were left free to pursue their remedy before the Authority under the Bihar Public Land Encroachment Act, 1956, impleading proper parties. ¶¶26

Prem Kumar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the petitioners were left free to pursue their remedy before the Authority under the Bihar Public Land Encroachment Act, 1956, impleading proper parties.

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Issue for consideration

Whether the writ Court should secure removal of the alleged encroachment on the Government pond of about 3 and a half acres (Khata No. 1055 and Khata No. 1056 with the listed kheshra numbers) at Bihta, Police Station Imadpur, District Bhojpur, as sought by the petitioners.

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Ratio / Principle

As indicated in Annexures-4 and 5 specifically pointed out by the learned Government Advocate, the District Administration has taken steps to remove the encroachment.

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Key takeaways

If the encroachment is not removed, the petitioners have a remedy under the Bihar Public Land Encroachment Act, 1956.ratio¶¶22
None of the alleged encroachers have been made parties in the Public Interest Litigation.ratio¶¶22
In the above circumstances the Court rejects the writ petition, leaving the petitioners their legal remedy to approach the Authority under the Bihar Public Land Encroachment Act, 1956 by impleading proper parties.ratio

Detailed headnote1 paragraphs

Bihar Public Land Encroachment Act, 1956 - Writ petition (CWJC) by two residents of Bihta, District Bhojpur, seeking removal of encroachment from a Government pond of about three and a half acres (Khata No. 1055, Kheshra No. 3079; Khata No. 1056, various kheshras) near P.S. Imadpur. Nobody appeared for the petitioners despite repeated call-overs. The Division Bench (order per the Chief Justice) noted from Annexures-4 and 5 that the District Administration had already taken steps to remove the encroachment, observed that none of the alleged encroachers had been impleaded in the Public Interest Litigation, and held that the petitioners' remedy lies before the Authority under the Bihar Public Land Encroachment Act, 1956. The writ petition was dismissed with liberty to approach that Authority impleading proper parties, the Authority being left to decide on its own discretion based on the evidence led before it, unbound by the mere liberty granted by the Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11437 of 2024

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Prem Kumar Singh Son of - Sri Lalan Singh, Resident of Village/MohallaBihta, Post- Bihta English, P.S.- Imadpur, Anchal- Tarari, District- Bhojpur (Arah) Bihar, Pin Code No.-802209, Adhar No. 2864 9943 4440, Mob No9431049931.

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Binod Singh Son of Sri Nandi Singh Resident of Village/Mohalla- Bihta, Post- Bihta, P.S.- Imadpur, Anchal- Tarari, District- Bhojpur (Arah) Bihar, Pin Code- 802209, Adhar No.- 9415 7297 2149.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Principal Secretary Revenue and land Reform Department Government of Bihar Patna.

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That Collector (Public Grievance Redressal) cum- Second Appellate Authority, Bhojpur, District- Bhojpur Arah.

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The Additional Collector (Public Grievance Redressal) cum-first Appellate Authority Bhojpur District- Bhojpur (Arah).

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The Sub Divisional (Public Grievance Redressal) Officer, Piro, Bhojpur, District- Bhojpur (Arah).

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The Circle Officer Tarari, Bhojpur, District- Bhojpur Arah.

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The Officer in-charge Imadpur Police Station, District- Bhojpur (Arah).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Advocate General

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====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 14-08-2024 The petitioners are before this Court seeking removal of an encroachment from a Government pond spread over about 3 and half acres of land situated in Bihata, Police Station Imadpur, District- Bhojpur at Ara bearing Khata No.

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Patna High Court CWJC No.11437 of 2024(2) dt.14-08-2024 2/3

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1055, Kheshra No. 3079 and Khata No. 1056, Kheshra No. 3600, 3602, 3603, 3604, 3605, 3607, 3608, 3609, 3610 and 2984.

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When we took up the matter at the time of roll call the matter was kept aside for hearing. When it was taken up for the second time and third time, none appeared for the petitioners.

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We perused the records and heard the learned Government Advocate. The Learned Government Advocate specifically points to Annexures- 4 and 5 wherein it is indicated that the District Administration has taken steps to remove the encroachment. In any event if the encroachment is not removed, the petitioners have a remedy under the Bihar Public Land Encroachment Act, 1956. We also notice that none of the alleged encroachers have been made parties in the Public Interest Litigation.

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In the above circumstances, we reject the writ petition, however, leaving legal remedy to the petitioners to approach the Authority under the Bihar Public Land Encroachment Act, 1956 impleading proper parties and in that circumstance the decision to be taken by the Authority shall be left to its discretion based on the evidence led before it and it shall not be

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Patna High Court CWJC No.11437 of 2024(2) dt.14-08-2024 3/3

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governed merely by the liberty granted by us.

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