Disposed¶25

Ali Imam v. The State of Bihar

Patna HC9 Sept 2024CWJC/12991/2024

Case brief

AI extract

What is this about?

Ali Imam; Aurangabad; encroachment proceeding; Bihar Public Land Encroachment Act 1956; Encroachment Case No. 10/22-23; Encroachment Appeal No. 71/2023; Revision Case No. 116 of 2024; Circle Officer Aurangabad; District Magistrate remand; no coercive action; interim protection; writ petition disposed.

What did the court decide?

Direction that no coercive action shall be taken against the petitioner till the final decision is taken by the Circle Officer, Aurangabad. ¶25

Ali Imam Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12991 of 2024

¶2

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

¶3

Ali Imam son of Late Nesar Ahmad Khan, resident of Mohalla-Club Road, Police Station-Aurangabad Town, District-Aurangabad.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat Building, Patna.

¶7

The District Magistrate, Aurangabad, District Aurangabad.

¶8

The Circle Officer, Aurangabad Circle, District Aurangabad.

¶9

Anchal Amin, Aurangabad Circle, District Aurangabad.

¶10

... ... Respondent/s

¶11

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

¶12

Appearance : For the Petitioner/s : Mr. Wari Ahmad Khan, Adv. For the Respondent/s : Mr. Mahtab Alam, AC to SC-20 ======================================================

¶13

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶14

2 09-09-2024

¶15

The present writ petition has been filed seeking the following reliefs:-

¶16

“1(i). For issuance of an appropriate writ/writs in the nature of writ of certiorari for setting aside the order dated 08.08.2024, passed in Encroachment Appeal No. 71/2023, by the Respondent No. 2, whereby the said respondent has dismissed the appeal on improper & erroneous grounds;

¶17

(ii). For quashing the entire encroachment proceeding, initiated by Respondent No. 3, including the final order dated 26.06.2023, passed by the Respondent No. 3, in Encroachment Case No. 10/22-23, as the same has been done by the said respondent in absolute

¶18

Patna High Court CWJC No.12991 of 2024(2) dt.09-09-2024 2/3

¶19

violation of the provisions of Bihar Public Land Encroachment Act, 1956.

¶20

(iii). For issuance of an appropriate direction/directions to the respondents directing them to re-measure the land in question and thereafter initiate appropriate encroachment proceeding against the petitioner as per the law.”

¶21

At the outset, the learned counsel for the petitioner has produced an order dated 27.8.2024, passed by the learned Court of District Magistrate-cum-Collector, Aurangabad, in Revision Case No. 116 of 2024, which is taken on record.

¶22

The learned counsel for the petitioner submits that by the aforesaid order dated 27.8.2024, the matter has been remanded back to the Circle Officer, Aurangabad, for reconsideration of the case of the petitioner, after taking into account the documents to be filed by him, hence, it is submitted that at the moment, the petitioner is not having any grievance, but some protection be granted to the petitioner.

¶23

Having regard to the facts and circumstances of the case, this Court finds that the petitioner has already got the needful respite at the moment, inasmuch as the District Magistrate, Aurangabad, by the aforesaid order dated 27.8.2024, has remanded the matter back to the Circle Officer, Aurangabad, for

¶24

Patna High Court CWJC No.12991 of 2024(2) dt.09-09-2024 3/3

¶25

reconsideration of the case of the petitioner, hence, I deem it fit and proper to dispose off the present writ petition, however, with a direction that no coercive action shall be taken against the petitioner till the final decision is taken by the Circle Officer, Aurangabad.

¶26

(Mohit Kumar Shah, J)

¶27

Ajay/-

¶28

Ali Imam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ali Imam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chandra Shekhar Singh Vs Dharmendar Kumar

Rajesh Kumar Vs Shri S. Siddharth, the Principal Secretary, Revenue and Land Reforms Department

Vivek Kumar @ Vivek Raj Vs The State of Bihar

Ram Nath Singh Vs The State of Bihar

Sikandar Yadav and Ors. Vs Deosharan Yadav and Ors.

Vidya Singh Vs The State of Bihar