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

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

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner permitted to file a representation before the Circle Officer, Jehanabad; the Circle Officer to examine it, initiate and dispose of an encroachment case after hearing all affected parties including the petitioner if encroachment is found, completing the exercise within six months of receipt/production of the order; copy of the order to be communicated to the District Magistrate, Jehanabad forthwith for compliance.

Issue for consideration

Whether the respondents should be directed to remove encroachment from Gairmajaura Aam land, and how the petitioner's grievance should be redressed.

Court's answer

The petitioner is permitted to file a representation before the Circle Officer, Jehanabad for redressal of his grievances.

Ratio / Principle

If such a representation is filed, the Circle Officer, Jehanabad shall examine it and, if any encroachment is found, initiate an encroachment case and dispose of it after hearing all affected parties including the petitioner.

Key takeaways

The aforesaid exercise must be completed by the Circle Officer within six months from the date of receipt/production of a copy of the order.ratio¶¶22
A copy of the order is to be communicated to the District Magistrate, Jehanabad forthwith for its compliance.ratio¶¶26

Detailed headnote1 paragraphs

Ravi Kumar sought a direction to the respondents to remove encroachment from Gairmajaura Aam land at Jehanabad. The High Court did not decide the encroachment question itself; it permitted the petitioner to file a representation before the Circle Officer, Jehanabad, who was directed to examine it and, if any encroachment is found, to initiate an encroachment case and dispose of it after hearing all affected parties including the petitioner, completing the entire exercise within six months of receipt/production of a copy of the order. A copy of the order was to be communicated to the District Magistrate, Jehanabad forthwith for compliance. With these observations and directions, the writ application stood disposed of. Coram: Sandeep Kumar, J. Decided 04-01-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17873 of 2023

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Ravi Kumar, Son of Surendra Chaudhary, Resident of Mohalla - Purbi Unta Ward No. 10, Police Station and District - Jehanabad.

... ... Petitioner

Versus

The State of Bihar through the Principal Secretary, Revenue and Land Department Govt. of Bihar, Patna.

The District Magistrate-Cum-Collector, Jehanabad.

The Addl. Collector, Jehanabad.

The L.R.D.C., Jehanabad.

The Circle Officer, Jehanabad Block Jehanabad.

The Executive Officer, Nagar Parisad Jehanabad.

Mantun Devi, Wife of Ram Lakhan Prasad, Resident of Mohalla- Purbi Unta Ward No. 10, Police Station and District - Jehanabad.

... ... Respondents

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Appearance : For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Respondent/s : Mr. G.A.-25 ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 04-01-2024 Heard the parties.

2 . In this case, the petitioner seeks a direction

to the respondents to remove the encroachment from a Gairmajaura Aam land.

3 . The petitioner is permitted to file a representation before the Circle Officer, Jehanabad for redressal of his grievances. If such a representation is filed, the Circle Officer, Jehanabad shall examine the same and if any encroachment is found then an encroachment case shall be initiated by him and the same shall be disposed of after hearing

Patna High Court CWJC No.17873 of 2023(2) dt.04-01-2024 2/2

all the affected parties including the petitioner. The aforesaid exercise must be completed by the Circle Officer within six months from the date of receipt/production of a copy of this order.

4 . With the aforesaid observations and

directions, this writ application stands disposed of.

5 . Let a copy of this order be communicated to

the District Magistrate, Jehanabad forthwith for its compliance.

(Sandeep Kumar, J)

pawan/-

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