Arbind Prasad @ Arvind Prasad @ Aravind Prasad v. The State of Bihar

Patna HC2 Sept 2024CWJC/3307/2024

Case brief

AI extract

What is this about?

Keywords: writ petition not pressed; liberty to renew prayers; Khas Mahal land Munger; encroachment demolition by Circle Officer Sadar Munger; compensation claim Rupees two Crores (not awarded); deed of agreement for sale 28.07.2007; heirs' application 21.02.2017 before Collector Munger; Title Suit No.315 of 2024 pending Sub-Judge-1st Munger; Patna High Court CWJC No.3307 of 2024; Justice Mohit Kumar Shah; order dated 02-09-2024; disposal without adjudicating merits.

What did the court decide?

Liberty to the petitioner to renew his prayer for grant of the reliefs sought (restoration, compensation, action against the Circle Officer) in case he succeeds in the pending Title Suit No.315 of 2024; writ petition disposed of as not pressed. ¶¶33

Arbind Prasad @ Arvind Prasad @ Aravind Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶33

Issue for consideration

Whether the respondents should be directed (via mandamus) to restore the previously constructed house/building over the Khas Mahal leasehold land (Khas Mahal Khata No.14, Khesra No.537, Jamabandi No.14, Tauzi No.1333, Munger) which was demolished after being categorised as an encroachment. +2 more

¶¶25

Ratio / Principle

Since the petitioner has already filed Title Suit No.315 of 2024, pending before the Sub-Judge-1st, Munger, he does not wish to press the present writ petition; the liberty sought by him to renew his prayer for the aforesaid reliefs in case he succeeds in the pending title suit is granted.

¶¶32

Key takeaways

The writ petition stands disposed of as not pressed.ratio¶¶33

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J.), oral order dated 02-09-2024 in Civil Writ Jurisdiction Case No.3307 of 2024: writ petition by Arbind Prasad @ Arvind Prasad @ Aravind Prasad seeking (i) mandamus for restoration of a previously constructed house/building standing on Khas Mahal leasehold homestead land (10 Katha 04 dhur 10 dhurki, ~14733 sq.ft., Khata No.14, Khesra No.537, Tauzi No.1333, Belan Bazar, Munger), which the Circle Officer, Sadar Munger had treated as encroachment and demolished; (ii) compensation of Rupees two Crores for the demolished structure; and (iii) legal action against the Circle Officer for allegedly exceeding jurisdiction. At the outset, counsel submitted that the petitioner had already filed Title Suit No.315 of 2024 pending before the Sub-Judge-1st, Munger, and did not wish to press the writ petition. The Court granted liberty to renew the prayer for the said reliefs if the petitioner succeeds in the pending title suit and disposed of the writ petition as not pressed. No statutory provision or precedent was cited or adjudicated; the merits were left to the title suit.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3307 of 2024

¶2

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

¶3

Arbind Prasad @ Arvind Prasad @ Aravind Prasad Son of Late Jageshwar Prasad Resident of Mohalla Purabsarai Road, Near Durga Asthan, P.S.Kotwali, Distirct-Munger.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Chief Secretary, Government of Bihar, Patna.

¶7

The Principal Secretary, General Administrative Department, Government of Bihar, Patna.

¶8

The Additional Chief Secretary, Land Reforms and Revenue Department, Government of Bihar, Patna.

¶9

The Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

¶10

The Divisional Commissioner, Munger Division, Munger.

¶11

The Collector, Munger.

¶12

The Superintendent of Police, Munger.

¶13

The Sub Divisional Magistrate, Sadar, Munger.

¶14

The Circle Officer, Sadar, Munger.

¶15

The Distirct Khas Mahal Officer, Munger.

¶16

The Station House Officer, Kasim Bazar Police Station, District-Munger.

¶17

The Executive Rngineer, Public Work Department, Munger.

¶18

... ... Respondent/s

¶19

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

¶20

Appearance : For the Petitioner/s : Mr.Indu Bhushan, Adv. For the Respondent/s : Mr.Standing Counsel 10 ======================================================

¶21

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶22

3 02-09-2024

¶23

The present writ petition has been filed seeking the

¶24

following relief(s):-

¶25

“ 1.i) For issuance of an appropriate writ in the nature of Mandamus commanding the responsible respondents for a direction to restore previously constructed house/building over Khas Mahal Land of which detailed description is:- A piece of

¶26

Patna High Court CWJC No.3307 of 2024(3) dt.02-09-2024 2/3

¶27

Khas Mahal Lease hold Homestead Land and structure standing over the land admeasuring 10 Katha 04 dhur 10 dhurki equivalent to 14733 sq.ft., situated at Mohalla-Belan Bazar, Near Sojhi Ghat, Mahal, Garh Quila, Municipal Ward No.1, Police Station-Kasim Bazar, Sub Registry & District- Munger, Bihar appertaining to Khas Mahal Khata No.14, Khesra No. 537, Jamabandi No. 14 under Khas Mahal, Tauzi No.1333. The petitioner came in possession of the land by virtue of deed of agreement for sale dated 28.07.2007, executed in the name of the petitioner, however, after the heirs of Late Pandit Kashi Prasad Tiwari gave an application before the Collector, Munger on 21.02.2017 for granting permission to execute sale deed in favour of the petitioner, the Circle Officer, Sadar Munger treated the house/building, previously constructed over Khas Mahal Land, in the category of encroachment and demolished the entire constructed building/house, which was in the possession of the petitioner through proper procedure.

¶28

(ii) For issuance of a direction to the responsible respondents to give compensation for demolished building/house of the petitioner to the tune of Rupees two Crores.

¶29

(iii) For issuance of a direction to responsible respondents to take suitable legal action against the Circle Officer, Sadar Munger who travelled beyond his jurisdiction and demolished the

¶30

Patna High Court CWJC No.3307 of 2024(3) dt.02-09-2024 3/3

¶31

house/building of the petitioner in the name of encroachment. ”

¶32

At the outset, the learned counsel for the petitioner submits that the petitioner has already filed a title suit, bearing Title Suit No.315 of 2024, which is pending adjudication before the Ld. Court of Sub-Judge- 1^st , Munger, hence the petitioner does not wish to press the present writ petition, however, seeks liberty on behalf of the petitioner to renew his prayer for grant of the aforesaid reliefs, in case he succeeds in the pending title suit. Liberty so sought is granted.

¶33

The writ petition stands disposed off as not pressed.

¶34

(Mohit Kumar Shah, J)

¶35

sonal/-

¶36

Arbind Prasad @ Arvind Prasad @ Aravind Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arbind Prasad @ Arvind Prasad @ Aravind Prasad 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

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prameshwar Rai Vs The State Of Bihar and Ors.

Jaymanti Devi Vs The State Of Bihar and Ors.

Baliram Yadav and Ors. Vs The State Of Bihar and Ors.

Sheikh Serazul Haque and Ors. Vs Sheikh Sarif and Ors.

State Health Society, Bihar Vs Dr. Manoj Kumar

Aman Patel @ Aman Kumar Vs The State of Bihar