Disposed

Pitambar Hajra v. The State of Bihar

Patna HC9 Sept 2024CWJC/13220/2024

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Mohit Kumar Shah, in an oral order, directed the District Magistrate to dispose of a pending encroachment appeal within six weeks and directed that no coercive action be taken against the petitioner pending such disposal. The writ petition was disposed of on these terms.

What did the court decide?

Direct the District Magistrate, East Champaran to dispose of Encroachment Appeal No.172 of 2024 within six weeks via a reasoned order; no coercive action against petitioner till then.

Pitambar Hajra Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13220 of 2024

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Pitambar Hajra Son of Mangal Hajra Resident of Village- Champapur, P.S.Ramgarhwa, District- East Champaran, Motihari.

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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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The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.

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The District Magistrate, East Champaran, Motihari.

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The Circle Officer, Ramgarhwa, District- East Champaran, Motihari.

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Lakshman Prasad, Son of Ganesh Sah Resident of Village- Champapur, P.S.Ramgarhwa, District- East Champaran, Motihari.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sharda Nand Mishra, Adv. For the Respondent/s : Mr.Kinkar Kumar, SC-9 Mr.Yogesh Kumar, AC to SC-9

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 09-09-2024

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The present writ petition has been filed seeking the

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following relief(s):-

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“ 1.(i) For issuance of writ in the nature of certiorari for quashing the order dated 31.03.2022, passed by the Anchaladhikari, Ramgarhwa in Encroachment Case No.04/202122 by which it has been held that the land bearing Thana No. 122, Khata No. 14, Khesra No.4668, is Gairmajarua land which has been encroached by the petitioner and others, and it has been directed to issue notice to the Encroachers and get the land vacated, without giving any opportunity of hearing to the petitioner.

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Patna High Court CWJC No.13220 of 2024(2) dt.09-09-2024 2/3

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ii) For further quashing the notice dated 08.01.2024 issued u/s 6 (2) of the Encroachment Act by which the petitioner has been directed to remove the encroachment on before 24.01.2024. iii) For further issuing direction to respondent Collector to dispose of the Encroachment Appeal Case No. 172/2024, which has been filed against the order dated 31.03.2022, passed by the Anchaladhikari, Ramgarhwa in Encroachment Case No.04/2021-22.

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iv) For further issuing direction to the Anchaladhikari Ramgarhwa to not take action as per the order dated 31.03.2022 till pendency of the Encroachment Appeal No.172/2024.

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v) For further giving other legal consequential benefit to the petitioner. ”

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At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, East Champaran at Motihari, to dispose off the pending Encroachment Appeal No.172 of 2024, within a stipulated time frame and till then seek some protection.

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Per contra, the learned counsel for the respondentState submits that in case the aforesaid encroachment appeal case is still pending consideration, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

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Patna High Court CWJC No.13220 of 2024(2) dt.09-09-2024 3/3

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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, East Champaran at Motihari, to dispose off the aforesaid Encroachment Appeal No.172 of 2024, in case the same has not yet been disposed off, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks from today and till then, no coercive action shall be taken against the petitioner.

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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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sonal/-

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Pitambar Hajra v. The State of Bihar

Case brief

What is this about?

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Pitambar Hajra v. The State of Bihar

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