Lalpati Devi v. The State of Bihar

Patna HC4 Jan 2024CWJC/13278/2023

Case brief

AI extract

What is this about?

Bihar Public Land Encroachment Act 1956 Section 3; Encroachment Case No.01 of 2023-24; Circle Officer Gopalganj; removal of encroachment notices dated 23.05.2023; withdrawal of writ petition with liberty to participate; show-cause grounds and reasoned order direction; interim protection against disturbance of possession; Gopalganj district; CWJC No.13278 of 2023; Justice Sandeep Kumar; disposed of as withdrawn.

What did the court decide?

Writ petition disposed of as withdrawn with liberty to participate in the encroachment case and raise all grounds available under the law; Circle Officer directed to pass a reasoned order after hearing the petitioners; possession of the petitioners not to be disturbed during pendency of the encroachment case. ¶¶28

Lalpati Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notices dated 23.05.2023 issued by the Circle Officer, Gopalganj in Encroachment Case No.01 of 2023-24 under Section 3 of the Bihar Public Land Encroachment Act, 1956 are illegal on the ground that the land does not belong to the State Government.

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Ratio / Principle

The petitioners were permitted to withdraw the writ petition with liberty to participate in the encroachment case by raising all the grounds available under the law.

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Key takeaways

The Circle Officer, Gopalganj was directed to consider the grounds raised by the petitioners in their show-cause, examine the records, and after hearing the petitioners pass a reasoned order in accordance with law.ratio¶¶25
During the pendency of the encroachment case, the possession of the petitioners shall not be disturbed by the respondents.ratio¶¶26

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.) disposed of as withdrawn a writ petition by four daughters of Late Ramayan Sah challenging removal-of-encroachment notices dated 23.05.2023 issued by the Circle Officer, Gopalganj in Encroachment Case No.01 of 2023-24 under Section 3 of the Bihar Public Land Encroachment Act, 1956, on their plea that the land does not belong to the State Government. Withdrawal was permitted with liberty to participate in the encroachment case by raising all grounds available under the law. The Circle Officer was directed to consider the grounds raised in the show-cause, examine the records, and after hearing the petitioners pass a reasoned order in accordance with law. As an interim protection, the petitioners' possession was directed not to be disturbed by the respondents during the pendency of the encroachment case.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13278 of 2023

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Lalpati Devi, Wife of Pappu Prasad alias Pappu Prasad Gupta.

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Asha Devi, Wife of Sunil Kumar Gupta.

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Dropati Devi, Wife of Mahendra Prasad.

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Paspati Devi, Wife of Kamleshwar Prasad

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All are daughter of Late Ramayan Sah and all are resident of Mohalla - Sareya Ward No.5, Yadavpur Road, Police Station-Gopalganj Town, District- Gopalganj.

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Versus

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

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The District Magistrate, Gopalganj.

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The Sub-divisional Officer, Gopalganj.

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The Circle Officer, Gopalganj.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy (GP-18) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 04-01-2024 Heard learned counsel for the parties.

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2 . In this case, the petitioner is challenging the

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notices dated 23.05.2023 issued by the Circle Officer, Gopalganj, in Encroachment Case No.01 of 2023-24, by which it has been directed for removal of encroachment from the land

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over which the petitioners have constructed their respective houses.

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3. Learned counsel for the petitioners submits

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that the notices under Section 3 of the Bihar Public Land

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Patna High Court CWJC No.13278 of 2023(2) dt.04-01-2024 2/2

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Encroachment Act, 1956 is illegal as the land does not belongs to the State Government.

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4. The petitioners are permitted to withdraw this application with a liberty to participate in the encroachment case by raising all the grounds as available under the law. The Circle Officer Gopalganj shall consider the grounds raised by the petitioners in their show-cause and also examine the records and after hearing the petitioners pass a reasoned order in accordance with law.

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5 . During the pendency of the encroachment case, the possession of the petitioners shall not be disturbed by the respondents.

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6 . With the aforesaid observations and

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directions, this writ petition is disposed of as withdrawn.

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(Sandeep Kumar, J)

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pawan/-

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