Disposed

Syed Imtyaz Ahsan v. The State of Bihar

Patna HC15 Feb 2024CWJC/2082/2024

Case brief

AI extract

What is this about?

In a writ application concerning encroachment on graveyard land, the Court directed the petitioner to approach the Circle Officer, Barh, to remove encroachments and demarcate the land within three months after hearing concerned parties. The application was disposed of with this direction.

What did the court decide?

Petitioner directed to approach Circle Officer, Barh to remove encroachment and demarcate land within three months after hearing parties.

Syed Imtyaz Ahsan Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2082 of 2024

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

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Syed Imtyaz Ahsan S/o Syed Reyaz Ahsan, R/o Salimpur Near Masjid, P.S.Barh, District-Patna, in the capacity of Secretary of the Committee of Qabristan, Pandarak.

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... ... Petitioner/s

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Versus

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The State of Bihar through Additional Chief Secretary, Department of Land and Revenue Reforms, Govt. of Bihar, Patna.

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The District Magistrate, Patna.

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The Senior Superintendent of Police, Patna.

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The Land Reforms Deputy Collector, Barh, Patna.

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The Circle Officer, Pandarak

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The Officer in Charge, Pandarak Police Station

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Sunil Singh, S/o Late Damodar Singh, R/o Village and Post. P.S.-Pandarak, District-Patna.

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Pankaj Singh, Son of Rajendra Prasad Singh, R/o Tola Surajpur, P.S. and P.O.-Pandarak, District-Patna.

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Chunnu Singh, Son of Rajendra Prasad Singh, R/o Tola Surajpur, P.S. and P.O.-Pandarak, District-Patna.

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Kumar Madan Mohan Sharma, S/o Dwarika Singh, R/o Tola Surajpur, P.S. and P.O.-Pandarak, District-Patna.

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Bullu Singh, S/o Krishna Dev Singh, R/o Village and Post. P.S.-Pandarak, District-Patna.

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Dilip Kumar, S/o Late Bhagirath Prasad, R/o Village and Post. P.S.Pandarak, District-Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Syed Hussain Majeed For the Respondent/s : Mr.Standing Counsel 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 15-02-2024 This is an application filed by the petitioner for the

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following reliefs:-

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a) To issue an appropriate writ, order or direction in the nature of mandamus commanding the Respondents, particularly Respondent No. 5 to get the

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Patna High Court CWJC No.2082 of 2024(2) dt.15-02-2024 2/3

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land belonging to the graveyard (Committee of which the petitioner is Secretary) measured and demarcated by Anchal Amin.

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b) To issue an appropriate writ, order or direction in the nature of mandamus commanding the Respondents, to remove the encroachment from the land belonging to graveyard and restrain the encroachers (including Respondent Nos. 07 to 12) from further encroachment and any construction thereupon.

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c) To issue an appropriate writ, order or direction in the nature of mandamus commanding the Respondents, to erect boundary wall around the circumference of the land of the graveyard by the State fund allocated under the Scheme of Govt. formulated for this purpose.

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2 . It has been contended by the learned counsel for the petitioner that in Second Appeal No. 1619 of 1947, a compromise petition was filed and Title Suit No. 268 of 1942 was compromised between the parties.

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3 . The respondents nos 07 to 12 are alleged to be descendants of the defendants.

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4 . It has been submitted by the petitioner that the respondents are not abiding by the terms of the compromise and have encroached the land of the graveyard ( Kabristan ) about which the petitioner has moved before the Collector, Patna for

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Patna High Court CWJC No.2082 of 2024(2) dt.15-02-2024 3/3

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removal of the encroachment.

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5 . I have heard the learned counsel for the

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petitioner and the learned counsel for the State.

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6 . Petitioner is directed to approach the Circle Officer, Barh who will get the encroachment removed in accordance with law within three months of filing of the application by the petitioner after hearing all the concerned parties including the alleged encroachers. He will also demarcate the land so that there is no further encroachment in future.

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7 . With the aforesaid observation and direction, this application is disposed of.

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(Sandeep Kumar, J)

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Shishir /-

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Syed Imtyaz Ahsan v. The State of Bihar

Case brief

What is this about?

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Syed Imtyaz Ahsan v. The State of Bihar

Case brief

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