Bindeshwar Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bindeshwar Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Circle Officer, Chapra(Sadar) to consider the matter and, if encroachment is found, issue notice to respondent nos. 08 to 10 and any other encroacher, conduct proper inquiry, hear the alleged encroacher and pass an order in accordance with law; alleged encroachers not to be disturbed until the final order; copy of the order to be communicated to the District Magistrate, Chapra through FAX for compliance forthwith.

Issue for consideration

Whether a direction should issue to the Circle Officer, Chapra(Sadar) to consider the reported encroachment of public land by private respondent nos. 08 to 10 and initiate appropriate proceedings for its removal.

Court's answer

The application is disposed of with a direction to the Circle Officer, Chapra(Sadar) to consider the matter and, if he finds that there is an encroachment, to issue notice to respondent nos. 08 to 10 and any other encroacher; after proper inquiry and hearing the alleged encroacher, he shall pass an order in accordance with law.

Ratio / Principle

Until and unless the final order is passed, the alleged encroacher(s) shall not be disturbed.

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), by order dated 26-02-2024 in CWJC No.11727 of 2019, disposed of Bindeshwar Ram's writ application seeking removal of alleged encroachment on public land by private respondent nos. 08 to 10. The petitioner alleged that despite two reports about the encroachment, no proceeding had been initiated by the Circle Officer, Chapra(Sadar). The Court did not itself adjudicate whether encroachment existed; it directed the Circle Officer to consider the matter, and if encroachment is found, to issue notice to respondent nos. 08 to 10 and any other encroacher, hold a proper inquiry, hear the alleged encroacher and pass an order in accordance with law. Pending the final order, the alleged encroacher(s) are not to be disturbed. A copy of the order was directed to be communicated to the District Magistrate, Chapra through FAX.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11727 of 2019

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

Bindeshwar Ram Son of Kapildev Ram Resident of Village- Lohra, P.O.Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

The Principal Secretary, Department of Home, Government of Bihar, Patna.

The Collector-cum-District Magistrate, Saran at Chapra.

The Sub-Divisional Magistrate, Chapra Sadar, District- Saran at Chapra.

The Deputy Collector Land Reforms, Chapra Sadar, District- Saran at Chapra.

The Circle Officer, Chapra Sadar, District Saran at Chapra.

Bharat Ram Son of Late Snehi Ram Resident of Village- Lohra, P.O.- Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra.

Baleshwar Ram Son of Late Tribhuwan Ram Resident of Village- Lohra, P.O. Badlu Tola, P.S.- Chapra Muffasil, District- Saran at Chapra.

Sanjay Ram Son of Bharat Ram Resident of Village- Lohra, P.O.- Badlu Tola, P.S.- Chapra Muffasil, District- Saran at Chapra.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Respondent/s : Mr. Sajid Salim Khan (Sc25) ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 26-02-2024

This is an application for direction to the respondents

to remove the encroachment from Public land which has been encroached by the private respondent nos. 08 to 10.

2 . It is the contention of the petitioner that the

respondent nos 08 to 10 are encroachers but despite two reports about the encroachment, no proceeding has been initiated by the Circle Officer, Chapra(Sadar).

Patna High Court CWJC No.11727 of 2019(3) dt.26-02-2024 2/2

3 . This application is disposed of with a direction to the Circle Officer, Chapra(Sadar) to consider the matter and if he finds that there is an encroachment then he will issue notice to the respondent nos. 08 to 10 and any other encroacher. After proper inquiry and after hearing the alleged encroacher, he will pass an order in accordance with law.

4 . Until and unless, the final order is passed, the alleged encroacher(s) shall not be disturbed.

5 . Let a copy of this order be communicated to the District Magistrate, Chapra through FAX for its compliance forthwith.

(Sandeep Kumar, J)

Shishir /-

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