Sanjay Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sanjay Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application allowed. Circle Officer, Jehanabad directed to fix a date for a fresh, scientific measurement of the land with preparation of the field book, informing the petitioner so that he may be present; petitioner given liberty to bring his own Survey Knowing Pleader Commissioner; authorities thereafter to proceed in accordance with law for removal of any alleged encroachment; whole exercise to be done within one month of communication of the order; copy of the order to be communicated to the District Magistrate, Jehanabad through FAX/e-mail forthwith for compliance.

Issue for consideration

Whether the petitioner could validly be labelled an encroacher on government land on the basis of a measurement conducted behind his back and a measurement report to which no map was annexed.

Court's answer

A measurement of land done behind the petitioner's back, with no map annexed to the measurement report, is 'no report in the eyes of law'; in view of this the writ application was allowed.

Ratio / Principle

The Circle Officer, Jehanabad is directed to fix a date for measurement of the land and inform the petitioner so that the petitioner may also be present at the time of measurement.

Key takeaways

The measurement must be done scientifically and the field book etc. must be prepared.ratio¶4
The petitioner is given liberty to take his own Survey Knowing Pleader Commissioner at the time of measurement, after which the authorities will proceed in accordance with law for removal of any alleged encroachment.ratio¶5
The aforesaid exercise (fresh measurement and subsequent action) must be completed within a month from the date of communication of a copy of the order.ratio

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), Oral Order dated 04-01-2024, allowed CWJC No.16681 of 2022 filed by Sanjay Kumar, who had been labelled an encroacher on government land on the strength of a land measurement carried out behind his back and reported without any annexed map; such a measurement report was held to be 'no report in the eyes of law'. The Circle Officer, Jehanabad was directed to fix a date for a fresh, scientific measurement with preparation of the field book, informing the petitioner so that he may remain present; the petitioner was given liberty to engage his own Survey Knowing Pleader Commissioner, after which the authorities were to proceed in accordance with law on any alleged encroachment. The exercise was to be completed within one month of communication of the order, a copy of which was to be sent forthwith to the District Magistrate, Jehanabad by FAX/e-mail.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16681 of 2022

======================================================

Sanjay Kumar S/o Late Baliram Sharma, Resident of Village- Shahpur, Block Jehanabad P.S. Pinjour (O.P.), District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar through its Secretary Revenue and Land Reform Department, Bihar, Patna.

The District Magistrate, Jehanabad.

The Chairman District Board, Jehanabad.

The S.D.O., Jehanabad.

The Circle Officer, Anchal Jehanabad, District- Jehanabad.

Ashok Singh S/o Mukul Ram, Resident of Village- Shahpur, P.O. Pinjaur, P.S.- Pinjaur (O.P.) District- Jehanabad.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Ratneshwar Prasad For the Respondent/s : Mr.Raj Kishore Roy ( Gp 18 ) ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 04-01-2024

Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel appearing on behalf of the intervenor.

The petitioner has been labelled as encroacher on the government land on the basis of the measurement of the land which was done behind his back. It is also apparent that there is no map annexed with the measurement report. This kind of measurement report is no report in the eyes of law.

In view of the above, this application is allowed.

The circle Officer, Jehanabad is directed to fix a

Patna High Court CWJC No.16681 of 2022(4) dt.04-01-2024 2/2

date for measurement of the land and inform the petitioner so that the petitioner may also be present at the time of measurement. The measurement must be done scientifically and the field book etc. must be prepared.

The petitioner is also given liberty to take his own Survey Knowing Pleader Commissioner at the time of measurement thereafter the authorities will proceed in accordance with law for removal of any alleged encroachment.

The aforesaid exercise must be done within a month from the date of communication of a copy of this order.

Let a copy of the order be communicated to the District Magistrate, Jehanabad through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J)

Saif/-

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