Kaushal Kumar Jha @ Kaushalendra Bhartiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kaushal Kumar Jha @ Kaushalendra Bhartiya Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

The writ application was disposed of with directions that no encroachment proceeding shall be initiated against the petitioner for the land which was the subject matter of Title Suit No. 7 of 2013, and that further proceedings in Encroachment Case No. 18 of 2022-23 be kept in abeyance.

Issue for consideration

Whether the notice dated 03.01.2020 issued by the Circle Officer, Samastipur in Encroachment Case No. 56 of 2019-20 should be set aside, and whether the petitioner should be protected from encroachment proceedings in respect of the land which was the subject matter of Title Suit No. 7 of 2013.

Court's answer

Since the Circle Officer had already passed an order dated 31.1.2020 recording that he would not proceed against the petitioner and one more person, the apprehension expressed by the petitioner was misconceived.

Ratio / Principle

The Court directed that no encroachment proceeding shall be initiated against the petitioner for the land in question, which was the subject matter of Title Suit No. 7 of 2013.

Key takeaways

The further proceeding of Encroachment Case No. 18 of 2022-23 was directed to be kept in abeyance.ratio¶18

Detailed headnote1 paragraphs

Civil writ (CWJC No.3485 of 2020, Patna High Court, Sandeep Kumar, J., decided 22-01-2024): The petitioner sought setting aside of a notice dated 03.01.2020 issued by the Circle Officer, Samastipur in Encroachment Case No. 56 of 2019-20. The plot in dispute had been the subject matter of Title Suit No. 07 of 2013, which was decreed, and the decree was affirmed on appeal when Title Appeal Nos. 40 of 2014 and 793 of 2014 were dismissed on 26.04.2019. Observing that the Circle Officer had already passed an order dated 31.1.2020 stating that he would not proceed against the petitioner and one more person, the Court held the petitioner's apprehension to be misconceived. The Court directed that no encroachment proceeding shall be initiated against the petitioner in respect of the land which was the subject matter of Title Suit No. 7 of 2013, and that further proceedings in Encroachment Case No. 18 of 2022-23 stand kept in abeyance. With these directions, the application was disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3485 of 2020

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Kaushal Kumar Jha @ Kaushalendra Bhartiya Son of Bhavdish Narayan Jha Resident of Village- Belari @ Jagdishpur Deal, P.S.- Ujiarpur, Distt.Samastipur at present Belari House Samastipur, P.S.- Samastipur (Town), Distt- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

The Distt. Magistrate Samastipur.

The Circle Officer Samastipur Anchal.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Mukesh Kumar No1 For the Respondent/s : Mr.Rishi Raj Sinha (Sc19) Mr. Atul Shankar, AC to SC 19 ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 22-01-2024 Heard the parties.

This application has been filed on behalf of the petitioner for setting aside the notice dated 03.01.2020 passed by the Circle Officer, Samastipur in Encroachment Case No. 56 of 2019-20.

One Title Suit No. 07 of 2013 was filed with regard to the plot in dispute on which the petitioner is said to be the alleged encroacher. The title suit was decreed. Against the order passed in the Title Suit, appeal has been preferred vide Title Appeal No. 40 of 2014, 793 of 2014 which has been dismissed on 26.04.2019 and the order of the Title Suit has now been affirmed.

Patna High Court CWJC No.3485 of 2020(4) dt.22-01-2024 2/2

In light of the aforesaid facts, the Circle Officer has passed an order dated 31.1.2020 that he will not proceed against the petitioner and one more person and in these circumstances, the apprehension of the petitioner seems to be mis-conceived.

No encroachment proceeding shall be initiated against the petitioner for the land in question which was the subject matter of Title Suit No. 7 of 2013 and further proceeding of the Encroachment Case No. 18 of 2022-23 shall also be kept in abeyance.

With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J)

Vikas/-

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