Disposed¶22

Shishir Kumar Jha v. The State of Bihar

Patna HC11 Dec 2024CWJC/2213/2020

Case brief

AI extract

What is this about?

Encroachment on government land; removal of encroachment; Circle Officer Jhanjharpur; Madhubani; Khata No. 90; Khesra No. 1499; Thana No. 172; Mauja-Narayanpur; liberty to approach concerned authority; respondent no. 4 to act in accordance with law; four-week timeline; writ petition disposed of; Patna High Court; Justice Mohit Kumar Shah; Road Construction Department / National Highway respondents; State of Bihar, Department of Revenue and Land Reforms.

What did the court decide?

Liberty granted to the petitioner to approach respondent no. 4 (Circle Officer, Jhanjharpur) for redressal of his grievances; respondent no. 4 directed to examine any appropriate petition filed within four weeks, in accordance with law, and take appropriate action forthwith. ¶22

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

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the Circle Officer, Jhanjharpur (respondent no. 4) should be directed to remove encroachment from the government land situated between the main approach road and the petitioner's ancestral land appertaining to Khata No. 90, Khesra No. 1499, Thana No. 172, situated at Mauja-Narayanpur.

¶18

Court's answer

The Court granted the liberty sought by the petitioner to approach respondent no. 4 (Circle Officer, Jhanjharpur) for redressal of his grievances regarding the encroachment on the government land.

¶20

Ratio / Principle

If the petitioner files an appropriate petition before respondent no. 4 within four weeks, respondent no. 4 shall examine it in accordance with law and take appropriate action forthwith.

¶21

Key takeaways

The writ petition stands disposed of on the aforesaid terms (liberty to seek redressal from respondent no. 4, who is to act in accordance with law).ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Justice Mohit Kumar Shah), oral order dated 11-12-2024: Civil Writ Jurisdiction Case No. 2213 of 2020 (Shishir Kumar Jha v. State of Bihar and others) disposed of. The petitioner had sought a direction to the Circle Officer, Jhanjharpur (respondent no. 4) to remove encroachment from government land lying between the main approach road and his ancestral land appertaining to Khata No. 90, Khesra No. 1499, Thana No. 172, at Mauja-Narayanpur. Counsel sought liberty for the petitioner to approach respondent no. 4 directly; the Court granted the liberty and directed that, if an appropriate petition is filed before respondent no. 4 within four weeks, respondent no. 4 shall examine it in accordance with law and take appropriate action forthwith. The writ petition was disposed of on those terms.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2213 of 2020

¶2

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

¶3

Shishir Kumar Jha S/o Balnath Jha, R/o Bharam, P.o.- Bharam, Jhanjharpur, Madhubani, Bihar-847404

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna

¶7

The Collector, Madhubani

¶8

The Deputy Collector, Madhubani

¶9

The Circle Officer, Jhanjharpur Circle, District- Madhubani

¶10

The Chief Executive Engineer, National Highway (North) Subdivision, Road Construction Department, Govt. of Bihar, Patna

¶11

The Executive Engineer, National Highway Circle, Road Construction Department, Darbhanga

¶12

The Superintendent Engineer, National Highway Circle, Darbhanga

¶13

The Executive Engineer, National Highway Division, Jainagar, Darbhanga

¶14

... ... Respondent/s

¶15

====================================================== Appearance : For the Petitioner/s : Mr.Vinay Mistry, Advocate For the Respondent/s : Mr.Subash Chandra Yadav ( GP-15 ) ======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶17

5 11-12-2024

¶18

Though the present writ petition has been filed to direct the Circle Officer, Jhanjharpur, District- Madhubani i.e. the respondent no. 4 to remove encroachment from the government land situated in between the main approach road and the ancestral land of the petitioner i.e. towards the north of the land of the petitioner, appertaining to Khata No. 90, Khesra No. 1499, Thana No. 172, situated at Mauja-Narayanpur, however, at the outset, the learned counsel for the petitioner

¶19

Patna High Court CWJC No.2213 of 2020(5) dt.11-12-2024 2/2

¶20

submits that the petitioner be granted liberty to approach the respondent no. 4 for redressal of his aforesaid grievances, however, the Respondent No. 4 be directed to take appropriate action, in accordance with law, forthwith. Liberty, so sought, is granted.

¶21

It is needless to state that in case appropriate petition is filed by the petitioner before the respondent no. 4 within a period of four weeks from today, the respondent no. 4 shall examine the same, in accordance with law and take appropriate action, forthwith.

¶22

The writ petition stands disposed off on the aforesaid terms.

¶23

(Mohit Kumar Shah, J)

¶24

S.Sb/-

¶25

Shishir Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shishir Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Bachi Devi @ Bacchi Devi Vs The State of Bihar

Besari Devi and Ors. Vs Smt. Nabita Devi and Anr.

Upendra Kumar @ Upendra Ray Vs The State of Bihar

Punam Devi Vs The State of Bihar

Kamta Prasad Sharma Alias Kamta Pandey Vs The State Of Bihar

Fanindra Kumar Pandey Vs The District Magistrate