Omprakash Mishra Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Omprakash Mishra Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the Circle Officer, Harsidhi, East Champaran: consider the petitioner's pending application dated 15.02.2023; if encroachment by respondent nos. 6 and 7 is found, initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956, hear all affected parties including the alleged encroachers, and pass a reasoned order in accordance with law, completing the exercise within four months of receipt/production of a copy of the order. A copy of the order was additionally ordered to be communicated to the District Magistrate, East Champaran at Motihari forthwith for compliance.

Issue for consideration

Whether the petitioner is entitled to a direction that the respondents remove the encroachment from the Gairmajarua land, via consideration of his pending representation dated 15.02.2023 before the Circle Officer, Harsidhi.

Court's answer

The Circle Officer, Harsidhi, East Champaran is directed to consider the pending application dated 15.02.2023 filed by the petitioner.

Ratio / Principle

If the Circle Officer finds that there is any encroachment by respondent nos. 6 and 7, he will initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956.

Key takeaways

After hearing all the affected parties including the alleged encroachers, the Circle Officer will pass a reasoned order in accordance with law.ratio¶4
The aforesaid exercise must be completed by the Circle Officer within four months from the date of receipt/production of a copy of this order.ratio¶4

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), oral order dated 04-01-2024, Civil Writ Jurisdiction Case No.13205 of 2023 - Omprakash Mishra v. State of Bihar & Ors. The petitioner sought a direction for removal of encroachment from a Gairmajarua land; his representation dated 15.02.2023 to the Circle Officer, Harsidhi, East Champaran was pending. The Court directed the Circle Officer to consider the pending application dated 15.02.2023; if the Circle Officer finds any encroachment by respondent nos. 6 and 7 (Pannalal Prasad and Birendra Prasad), he is to initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956, hear all affected parties including the alleged encroachers, and pass a reasoned order in accordance with law, completing the exercise within four months from receipt/production of a copy of the order. The writ application stands disposed of, and a copy of the order is to be communicated to the District Magistrate, East Champaran at Motihari forthwith for compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13205 of 2023

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Omprakash Mishra S/o- Late Jagarnath Mishra, Resident of VillageGoithaha, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner

Versus

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

The Collector of East Champaran at Motihari.

The Deputy Collector of Land Reforms, Areraj, District- East Champaran.

The Circle Officer of Harsidhi Anchal, District- East Champaran.

The Officer In-Charge of Harsidhi Police Station, District- East Champaran.

Pannalal Prasad, S/o- Vot Sah, Resident of Village- Ghivadhar, P.S. Harsidhi, District- East Champaran.

Birendra Prasad, S/o- Late Bishun Prasad, Resident of Village- Govindpur, P.S. Harsidhi, District- East Champaran.

... ... Respondents

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Appearance : For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12)

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 04-01-2024 Heard the parties.

2 . In this case, the petitioner is seeking a

direction to the respondents to remove the encroachment from a Gairmajarua land.

3. It has been submitted by learned counsel for the petitioner that for removal of encroachment, the petitioner has filed a representation dated 15.02.2023 before the Circle Officer, Harsidhi, East Champaran, which is still pending.

4. In view of the above, the Circle Officer,

Patna High Court CWJC No.13205 of 2023(2) dt.04-01-2024 2/2

Harsidhi, East Champaran, is directed to consider the pending application dated 15.02.2023 filed by the petitioner. If the Circle Officer finds that there is any encroachment by respondent nos. 6 and 7 then he will initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956 and after hearing all the affected parties including the alleged encroachers, he will pass a reasoned order in accordance with law. The aforesaid exercise must be completed by the Circle Officer within four months from the date of receipt/production of a copy of this order.

5 . With the aforesaid observations and directions, this writ application stands disposed of.

6 . Let a copy of this order be communicated to the District Magistrate, East Champaran at Motihari forthwith for its compliance.

(Sandeep Kumar, J)

pawan/-

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