Prem Chand Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Prem Chand Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions to the Circle Officer, Kurtha, to act upon the petitioner's representation dated 29.07.2022, examine the grievances, and if encroachment is found, initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956, hear all affected parties including the alleged encroachers, and pass a reasoned order within four months from receipt/production of the order's copy; a copy of the order to be sent forthwith to the District Magistrate, Arwal, for compliance.

Issue for consideration

Whether the Circle Officer, Kurtha should be directed to examine the petitioner's grievances of alleged encroachment and, if encroachment is found, initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956 after hearing all affected parties.

Court's answer

The Circle Officer, Kurtha, District Arwal, is directed to act upon the petitioner's representation dated 29.07.2022 and examine the petitioner's grievances.

Ratio / Principle

If the Circle Officer finds any encroachment, he is to initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956.

Key takeaways

After hearing all affected parties including the alleged encroachers, the Circle Officer is to pass a reasoned order in accordance with law, completing the exercise within four months from the date of receipt/production of a copy of the order.ratio¶19
The entire exercise directed upon the representation is to be completed by the Circle Officer within four months.ratio¶19
A copy of the order is to be communicated forthwith to the District Magistrate, Arwal, for its compliance.ratio

Detailed headnote1 paragraphs

Oral order (Sandeep Kumar, J.), Patna High Court, CWJC No.17787 of 2023, decided 09-01-2024: The writ petition of Prem Chand Prasad against the State of Bihar and others (including private individual Anandi Prasad) was disposed of with directions to the Circle Officer, Kurtha, District Arwal, to act upon the petitioner's representation dated 29.07.2022 and examine his grievances; if the Circle Officer finds any encroachment, he is to initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956, hear all affected parties including the alleged encroachers, and pass a reasoned order in accordance with law, completing the exercise within four months from the date of receipt/production of a copy of the order. A copy of the order was to be communicated forthwith to the District Magistrate, Arwal, for compliance.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17787 of 2023

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Prem Chand Prasad Son of Late Jaggu Prasad, resident of Village- Nawada, Post Office Mubarakpur, Police Station - Fulwari Sharif and District Patna, presently residing at Jagdeo Colony, Kurtha, Post Office and Police Station Kurtha, District Arwal, Bihar 804421.

... ... Petitioner

Versus

The State of Bihar through the District Magistrate, Arwal.

The Additional District Magistrate, Arwal.

The Sub-Divisional Magistrate, Arwal.

The Circle Officer, Kurtha, District Arwal.

The SHO, Police Station Kurtha, District Arwal.

Anandi Prasad, Son of Rameshwar Prasad, resident of Jagdeo Colony, Kurtha, Post Office and Police Station Kurtha, District Arwal, Bihar 804421.

... ... Respondents

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Appearance : For the Petitioner/s : Mr. Avinash Chandra, Advocate For the Respondent/s : Mr. G.P.-20 ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 09-01-2024 Heard the parties.

2 . The Circle Officer, Kurtha, District- Arawal,

is directed to act upon the representation dated 29.07.2022 filed

the petitioner and examine the grievances of the petitioner. If the Circle Officer finds that there is any encroachment then he will initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956 and after hearing all the affected parties including the alleged encroachers, he will pass a reasoned order in accordance with law. The aforesaid exercise must be completed by the Circle Officer within four months

Patna High Court CWJC No.17787 of 2023(2) dt.09-01-2024 2/2

from the date of receipt/production of a copy of this order.

3 . With the aforesaid observations and

directions, this writ application stands disposed of.

4 . Let a copy of this order be communicated to the District Magistrate, Arawal forthwith for its compliance.

(Sandeep Kumar, J)

pawan/- U