Disposed

Ramesh Sah v. The State Of Bihar and Ors.

Patna HC12 Dec 2024CWJC/1303/2017

Case brief

AI extract

What is this about?

Petition seeking removal of encroachment from public land in West Champaran; encroachment proceedings had been completed but petitioner alleged resurfacing. The court directed the District Magistrate to inquire and remove any renewed encroachment per lawful process.

What did the court decide?

District Magistrate, West Champaran directed to inquire into alleged resurfaced encroachment and remove it through due process of law, forthwith.

Ramesh Sah Vs The State Of Bihar and Ors. — Municipal and Town Planning | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1303 of 2017

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Ramesh Sah son of Late Sakhichand Sah resident of village Bhatwalia, P.S. Bairia, District West Champaran.

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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, Govt. of Bihar, Patna.

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Collector cum District Magistrate, West Champaran at Bettiah.

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Superintendent of Police, West Champaran at Bettiah.

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Land Reforms Deputy Collector, Bettiah Sadar, District - West Champaran.

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Circle Officer, Chanpatia, West Champaran.

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Office incharge, Manuapul, West Champaran.

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Kokhu Pandit son of Sri Bhikhan Pandit resident of Patarkha Naurangia, P.S. Chanpatia, District West Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Banwari Sharma, Advocate Mr.Shiv Kumar, Advocate Mr.Sahjanand Sharma, Advocate For the Respondent/s : Mr.Md. Khurshid Alam- Aag12 Mr.Ac to AAG-12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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5 12-12-2024 1. Though the present petition was filed for removal

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of encroachment from public land appertaining to Khata No.104, Khesra No.544, Situated at Village-Patarkha Naurangiya, P.S. No.122, Circle-Chanpatia, District-West Champaran at Bettiah, however, at the outset, the learned counsel for the respondent-State has submitted by referring to the counter affidavit, filed in the present case that the Circle Officer, Chanpatia, West Champaran at Bettiah had initiated encroachment proceedings vide Encroachment Case No.01 of

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Patna High Court CWJC No.1303 of 2017(5) dt.12-12-2024 2/2

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2019-20 and after passing of the final order, the encroachment made over the public land has stood removed, nonetheless, the learned counsel for the petitioner submits that the same has again resurfaced on the public land in question.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, West Champaran at Bettiah to inquire into the matter and in case it is found that the encroachment in question has resurfaced on the public land in question then he shall take recourse to the due process of law for removal of the same, forthwith.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Saurav/-

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Ramesh Sah v. The State Of Bihar and Ors.

Case brief

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Ramesh Sah v. The State Of Bihar and Ors.

Case brief

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