Disposed

Imam Hussain v. The State of Bihar

Patna HC11 Nov 2024CWJC/1747/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of a Section 6(2) Bihar Public Land Encroachment Act notice after his jamabandi was cancelled. Court directed Collector to decide pending jamabandi cancellation appeal within six weeks and restrained coercive action meanwhile.

What did the court decide?

Collector directed to dispose of Jamabandi Cancellation Appeal No. 15 of 2024 by reasoned order within six weeks; no coercive action against petitioner till then.

Imam Hussain Vs The State of Bihar — Property and Title | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1747 of 2024

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Imam Hussain Son of Saheb Hussain R/o Village-Mauza Harpur, PO-Sakhe Khas, PS-Uchkagaon, Dist.-Gopalganj

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Collector, Gopalganj

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The District Collector, Gopalganj.

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The Sub Divisional Officer, Gopalganj.

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The Circle Officer, Uchkagaon, P.S.-Uchkagaon, District-Gopalganj.

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... ... Respondent/s

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=================== Appearance : For the Petitioner/s	====== :	============================= Mr.Amir Alam, Adv. Mr. Gautam Kumar Yadav, Adv.
For the State	:	Mr. Alok Ranjan, Adv.
For the Respondent No. 5 ===================	: ======	Mr. Ashok Kumar Mishra, Adv. Mr. Yogendra Tiwari, Adv. =============================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 11-11-2024

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Though the present writ petition has been filed for quashing the notice dated 18.1.2024, issued by the Circle Officer, Uchkagaon, District-Gopalganj, i.e. the Respondent No. 4, under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”), in connection with the encroachment case in question, however, at the outset, the learned counsel for the Respondent-State has pointed out that the jamabandi existing in favour of the petitioner, bearing Jamabandi No. 490, has already stood cancelled, thus the petitioner has got no case, whatsoever.

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Nonetheless, the learned counsel for the petitioner submits that the petitioner has already challenged the order, passed by

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Patna High Court CWJC No.1747 of 2024(4) dt.11-11-2024 2/2

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the Additional District Magistrate, Gopalganj, in connection with Jamabandi Cancellation Case No. 308 of 2022-23, by filing an appeal bearing Appeal No. 15 of 2024, which is pending adjudication before the learned Court of Collector, Gopalganj, hence, he be directed to dispose off the same within a stipulated time frame and till then, some protection be granted to the petitioner.

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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, Gopalganj, to dispose off the aforesaid Jamabandi Cancellation Appeal No. 15 of 2024, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks from today, in case the same has not already stood disposed off and till then, no coercive action shall be taken against the petitioner. 4. Accordingly, the present writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Ajay/- U

Imam Hussain v. The State of Bihar

Case brief

What is this about?

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Imam Hussain v. The State of Bihar

Case brief

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