Disposed

Ajay Krishna Agrawal v. The State of Bihar

Patna HC2 Jan 2024CWJC/13395/2023

Case brief

AI extract

What is this about?

Writ petition concerning encroachment on petitioner's house. Court directed State to initiate encroachment proceedings and measurement. Demolition prohibited without final order under Bihar Public Land Encroachment Act.

What did the court decide?

State granted liberty to initiate encroachment proceedings and remove encroachment after final order; demolition barred without such order.

Ajay Krishna Agrawal Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13395 of 2023

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Ajay Krishna Agrawal S/o Sri Krishna Agrwal, R/o Mahavir Tola, Ara, P.S.Ara Nawada, District- Bhojpur.

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Hridya Krishna Agrawal, S/o Late Basant Lal Agrawal, R/o Mahavir Tola, Ara, P.S.- Ara Nawada, District- Bhojpur.

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Kamal Kishore Beria, S/o Shiv Narayan Beria, R/o Sheesh Mahal Chowk, Ara, P.S.- Ara Town, District- Bhojpur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Road Construction Department, Govt. of Bihar, Vishweshwaraiya Bhawan, Baily Road, Patna.

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The Additional Chief Secretary, Road Construction Department, Govt. of Bihar, Vishweshwaraiya Bhawan, Baily Road, Patna.

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The Divisional Commissioner, Patna Division, Patna.

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The District Magistrate, Bhojpur, Ara, Bihar.

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The District Land Acquisition Officer, Bhojpur, Ara, Bihar.

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The Additional District Magistrate, Bhojpur, Ara, Bihar.

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The Sub Divisional Officer, Bhojpur, Ara, Bihar.

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The Circle Officer, Ara Circle, Bhojpur, Ara, Bihar.

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The Executive Engineer, Road Construction Dept., Shahabad Road Division, Bhojpur, Ara.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Surendra Kumar Singh For the Respondent/s : Mr.Uday Shankar Sharan Singh ( Gp 19 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 02-01-2024 Heard the learned counsel for the parties.

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2 . It is an admitted position that no encroachment

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proceeding has been initiated against the petitioner and red

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marks has been put on the house of the petitioner.

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3 . Learned counsel for the respondent/s submits

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Patna High Court CWJC No.13395 of 2023(3) dt.02-01-2024 2/2

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that measurement has been done in presence of the petitioner and some encroachment has been found.

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4 . In these circumstances, the State is given liberty to initiate an encroachment proceeding and after hearing all the necessary parties, decide the same and thereafter, the State will be at liberty to remove the encroachment.

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5 . No portion of the building of the petitioner can

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be demolished without any final order under the Bihar Public Land Encroachment Act, 1956.

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6 . With the aforesaid observation and direction, this application is disposed of.

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(Sandeep Kumar, J)

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Shishir/-

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Ajay Krishna Agrawal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Krishna Agrawal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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