Mithlesh Kumar v. The State Of Bihar and Ors.

Patna HC21 Nov 2024CWJC/20545/2014

Case brief

AI extract

What is this about?

Patna HC 21-11-2024; CWJC 4986/2015, 20545/2014, 8365/2015; Mithlesh Kumar v. State of Bihar; Sanju Devi v. State of Bihar; raiyati land encroachment; MNREGA Bhawan construction; Khata No.181; Khesra No.2024, 2025, 1703, 1015; Mauza-Piluaha, Triveniganj, Supaul; Gairmajarua Aam/Government land; Circle Officer inquiry report dated 22.11.2016; 10 ft. rasta ingress egress; writ petitions disposed recording State's stand of no encroachment.

What did the court decide?

Writ petitions disposed of by recording the respondent State's stand of non-encroachment of the petitioners' raiyati land and that the 10 ft. wide rasta for ingress/egress of the petitioners and the general public shall not be disturbed; no direction for removal of construction was issued. ¶¶56

Mithlesh Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the construction made over the petitioners' raiyati land (Khata No.181, Khesra No.2024 and 2025, Mauza-Piluaha, Circle-Triveniganj, District-Supaul) should be removed and construction of the MNREGA Bhawan stopped.

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Court's answer

The Court disposed of the three writ petitions while recording the respondent State's stand that the petitioners' private raiyati land has neither been encroached upon by the respondent State nor do they propose to do so, and that the 10 ft. wide space left as rasta for ingress and egress of the petitioners to their land/houses and for the general public shall not be disturbed.

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Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J) disposed of three connected writ petitions (CWJC No.4986 of 2015, CWJC No.20545 of 2014 and CWJC No.8365 of 2015) in which the petitioners sought removal of construction over their raiyati land at Mauza-Piluaha, Circle-Triveniganj, District-Supaul (Khata No.181, Khesra No.2024 and 2025) and stoppage of construction of a MNREGA Bhawan. On the State's intervention citing its counter and supplementary counter affidavits and the Circle Officer, Triveniganj's inquiry report (letter dated 22.11.2016), it was pointed out that the Rural Works Department had prepared no map/estimate nor invited any tender; the land demarcated for the MNREGA scheme is Gairmajarua Aam/Government land at Khesra No.1703 and 1015, no part of which touches the petitioners' raiyati land, a 10 ft. wide space having been left as rasta. Counsel for the petitioners requested that the State's statement be recorded and the cases be disposed of accordingly. The Court disposed of the writ petitions while recording the State's stand that the petitioners' private raiyati land had neither been encroached upon nor would be, and that the 10 ft. wide rasta for ingress and egress of the petitioners and the general public shall not be disturbed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4986 of 2015

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

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Mithlesh Kumar Son of Harilal Sah. Resident of Village - Datua, P.S.- Jadiya, District - Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Rural Works Department, Bihar, Patna.

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The Divisional Commissioner, Saharsa.

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The Collector, Supaul.

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The Deputy Development Commissioner, Supaul.

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The Sub-Divisional Officer, Triveniganj, District - Supaul. 7. The Circle Officer, Triveniganj, District - Supaul.

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The Block Development Officer, Triveniganj, District - Supaul. 9. The The officer-in-Charge, Jadiya.

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The Circle Inspector Anchal, Triveniganj, District - Supaul. 11. The Anchal Amin, Triveniganj, District - Supaul.

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The Mukhiya, Gram Panchayat - Piluaha, Block - Triveniganj, District - Supaul.

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Ashok Kumar, Member Zila Parishad. Son of Baldeo Yadav. R/V P.O. Panchayat - Piluaha, P.S.- Jadiya, District - Supaul. ... ... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No. 20545 of 2014 ====================================================== Mithlesh Kumar son of Harilal Sah resident of Village - Datua, P.S. - Jadiya, District - Supaul. ... ... Petitioner/s Versus

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The State of Bihar

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The Collector, Supaul. 3. The Deputy Development Commissioner, Supaul. 4. The Sub-Divisional Officer, Triveniganj, District - Supaul. 5. The Circle Officer, Triveniganj, District - Supaul. 6. The Manrega Programme Officer, Triveniganj, District - Supaul. 7. The Officer-in-Charge, Jadiya.

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The Circle Inspector, Triveniganj.

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The Anchal Amin, Triveniganj.

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Patna High Court CWJC No.4986 of 2015(9) dt.21-11-2024 2/4

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The Mukhiya, Gram Panchayat- Piluaha, Block Triveniganj, District - Supaul.

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Ashok Kumar son Baldeo Yadav R/V P.O. Panchayat - Piluaha, P.S. - Jadiya, District - Supaul.

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Rojgar Sevak Panchayat Piluaha, P.S. Jadiya, Distt. - Supaul.

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The Zila Parishad, Supaul through its Chief Executive Officer, The D.D.C., Supaul.

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... ... Respondent/s

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

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with Civil Writ Jurisdiction Case No. 8365 of 2015

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

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Sanju Devi W/o SRi Naresh Yadav R/o Village Piluwaha, P.S. Jadiya, District Supaul.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, Rural Works Department, Bihar, Patna.

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The Divisional Commissioner, Saharsa.

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The Collector, Supaul.

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The Deputy Development Commissioner, Supaul. It the Sub Divisional officer, Triveniganj, District S

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The Circle Officer, Triveniganj, District Supaul.

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The Block Development Officer, Triveniganj, District Supaul.

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The Officer-in-charge, Jadiya.

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The Circle Inspector Anchal, Triveniganj, District Supaul.

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The Anchal Amin, Triveniganj, District Supaul.

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The Mukhiya, Gram panchayat Piluaha, Block Triveniganj, District Supaul.

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Ashok Kumar, Member Zila Parishad S/o Baldeo Yadav R/o Village P.O. Panchayat Piluaha, P.S. Jadiya, District Supaul.

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The Zila Parishad, Supaul through its Chief Executive Officer, D.D.C., Supaul.

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=================== Appearance :	... ... ===========================	Respondent/s ========
(In Civil Writ Jurisdiction C For the Petitioner/s :	ase No. 4986 of 2015) Mr.Rajesh Kumar Sinha, Adv. Ms.Amisha Sinha, Adv.
For the Respondent/s : (In Civil Writ Jurisdiction C	Mr.Sarvesh Kumar Singh, AAG-13 ase No. 20545 of 2014)
For the Petitioner/s :	Mr.Rajesh Kumar Sinha, Adv. Ms.Amisha Sinha, Adv.
For the Respondent/s :	Mr.Sarvesh Kumar Singh, AAG-13

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Patna High Court CWJC No.4986 of 2015(9) dt.21-11-2024 3/4

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(In Civil Writ Jurisdiction Case No. 8365 of 2015) For the Petitioner/s : Mr.Rajesh Kumar Sinha, Adv. Ms.Amisha Sinha, Adv. For the Respondent/s : Mr.Sarvesh Kumar Singh, AAG-13 Mr.Devendra Kr Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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9 21-11-2024

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The petitioners of the aforesaid three cases have

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prayed to remove the construction made over the raiyati land of the petitioners, situated at Mauza-Piluaha, Circle-Triveniganj, District-Supaul, appertaining to Khata No.181, Khesra No.2024 and 2025 as also to stop construction of MNREGA Bhawan.

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At the outset, the learned counsel for the respondent State has intervened and pointed out by referring to the counter affidavit and the supplementary counter affidavit filed in the present case that neither Rural Works Department has prepared any map/estimate nor it has invited any tender to construct any sort of building over the land in question and moreover, the Circle Officer, Triveniganj has already submitted an inquiry report before the District Magistrate, Supaul, vide letter dated 22.11.2016, wherein it has been stated that the land demarcated for MNREGA scheme is a Gairmajarua Aam/Government land and is situated at Khesra No.1703 and 1015, however, no part of the raiyati land of the petitioners appertaining to Khesra No.2024 and 2025 is touching the said demarcated land and in fact 10 ft. wide space has been left in between, by way of rasta

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Patna High Court CWJC No.4986 of 2015(9) dt.21-11-2024 4/4

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for the purposes of ingress and egress of the petitioners.

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In view of the aforesaid, the Ld. Counsel for the petitioners submits that this Court may record the aforesaid statement of the respondent State and dispose off the aforesaid cases in light, thereof.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the aforesaid writ petitions, while recording the aforesaid stand of the respondent State to the effect that the private raiyati land of the petitioners, as aforesaid, has neither been encroached upon by the respondent State nor they propose to do so and 10 ft. wide space has been left as rasta for the purposes of ingress and egress of the petitioners to their land/houses as also for the general public, which shall not be disturbed.

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(Mohit Kumar Shah, J)

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sonal/-

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Mithlesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Mithlesh Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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