Disposed¶32

Shivkumar Prasad @ Anil Prasad v. The State of Bihar

Patna HC11 Jul 2024CWJC/4086/2024

Case brief

AI extract

What is this about?

Bihar Public Land Encroachment Act 1956; Section 6(2) encroachment notice; Section 11 statutory appeal; Encroachment Case No.75/2022-23; Circle Officer Ekangarsarai; District Nalanda; Village Kela Bigha; Khata No.140, Khesra No.246; certiorari; writ disposed with liberty to appeal; four-week status quo; interim relief; Mohit Kumar Shah, J.; Patna High Court CWJC 4086 of 2024.

What did the court decide?

Liberty granted to the petitioners to challenge the final order dated 28.11.2023 passed by the Circle Officer, Ekangarsarai, in Encroachment Case No.75 of 2022-23 by filing an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956; status quo qua the petitioners' land/houses directed to be maintained for four weeks to enable filing of appeals and seeking of interim relief. ¶32

Shivkumar Prasad @ Anil Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the notice issued by the Circle Officer, Ekangarsarai under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 (Memo No.4551 dated 16.12.2023) in Encroachment Case No.75/2022-2023, and the entire encroachment proceeding concerning the petitioners' land at Mauza Kela Bigha (Khata No.140, Khesra No.246), ought to be quashed by certiorari.

¶27

Court's answer

Liberty is granted to the petitioners to challenge the final order dated 28.11.2023 passed by the Circle Officer, Ekangarsarai, in Encroachment Case No.75 of 2022-23 by filing an appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.

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Ratio / Principle

Status quo existing as on the date of the order qua the land/houses of the petitioners in question shall be maintained for a period of four weeks, to enable the petitioners to file appropriate appeals and seek interim relief.

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Key takeaways

The writ petition stands disposed of on the aforesaid terms (liberty to appeal under Section 11 of the Act and four-week status quo), without adjudication of the quashing prayer on merits.ratio¶32

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J.), by order dated 11-07-2024, disposed of CWJC No.4086 of 2024 filed by thirteen residents of Village Kela Bigha, P.S. Telhara, District Nalanda, who had prayed for a writ of certiorari to quash a notice dated 16.12.2023 (Memo No.4551) issued by the Circle Officer, Ekangarsarai under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 in Encroachment Case No.75/2022-2023, directing removal of encroachments from land at Mauza Kela Bigha, Thana No.06, Khata No.140, Khesra No.246 till 08.01.2024, and to quash the entire encroachment proceeding. The petitioners claimed residence on and peaceful possession of the land for more than 40 years. Without deciding the matter on merits, the Court granted liberty to challenge the final order dated 28.11.2023 passed by the Circle Officer in the said encroachment case by filing an appropriate appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956, and directed that status quo existing as on the date of the order qua the petitioners' land/houses be maintained for four weeks to enable them to file appeals and seek interim relief.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4086 of 2024

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

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Shivkumar Prasad @ Anil Prasad son of Dilak Dev Prasad @ Tilak Mahto, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Balbir Jamadar @ Balbir Prasad, Son of Vishudhari Jamadar @ Ramcharan Mahto, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Kamal Mahto son of Late Balgovind Mahto, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Karu Jamadar @ Karan Jamadar, Son of Vishudhari Jamadar, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Brajesh Kumar @ Brajesh Jamadar, Son of Ballav Bind @ Balav Jamdar, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Saroj Jamadar, Son of Kaushal Jamadar @ Kaushal Kishor Prasad, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Teni Jamadar, Son of Kaushal Jamadar, resident of Village-Kela Bigha, P.S.Telhara, District-Nalanda.

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Pappu Jamadar, son of Kaushal Jamadar @ Kaushal Kishor Prasad, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Ram Bachan Thakur, son of Kameshwar Thakur @ Rameshwar Thakur, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Goutam Jamadar son of Kaushal Jamadar @ Kaushal Kishor Prasad, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Suresh Mahto, son of Sadhu Mahto, resident of Village-Kela Bigha, P.S.Telhara, District-Nalanda.

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Sukhari Mahto, son of Balgovind Mahto, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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Kamindra Prasad, son of Kishun Deo Mahto @ Kishun Deo, resident of Village-Kela Bigha, P.S.-Telhara, District-Nalanda.

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... ... Petitioner/s Versus

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

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The District Magistrate cum Collector, District-Nalanda. 3. The Sub Divisional Officer, Block-Ekangarsarai, District-Nalanda. 4. The Circle Officer, Block-Ekangarsarai, District-Nalanda.

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The Station House Officer, P.S.-Telhara, District-Nalanda.

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... ... Respondent/s

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=============== Appearance :	=======================================
For the Petitioner/s	: Mr.Anil Kumar Singh, Adv.
For the Respondent/s ===============	: Mr.Government Pleader 5 =======================================

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Patna High Court CWJC No.4086 of 2024(4) dt.11-07-2024 2/3

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 11-07-2024

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The present writ petition has been filed seeking the

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following relief(s):-

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“1. I. Issuance of the appropriate writ, order(s) or directions(s) in the nature of 'Certiorari’ for quashing the notice issued by the Circle Officer, Ekangarsarai (Nalanda) under section 6(2) of the Bihar Public Land Encroachment Act, 1956 vide Memo No.-4551 dated 16.12.2023 in Encroachment Case No.- 75/2022- 2023 wherein the Circle Officer has directed the petitioners to remove encroachments from the land till 08.01.024 situated at Mauza- Kela Bigha, Thana No.- 06 bearing Khata No.- 140, Khesra No.-246; on the ground that the Petitioners are residing over the land-inquestions after constructing houses for more than 40 years and is in peaceful possession of same; II. Issuance of the appropriate writ, order(s) or directions(s) in the nature of 'Certiorari' for quashing the entire proceeding with regard to the alleged encroachment case.”

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At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the final order dated 28.11.2023, passed by the Circle Officer, Ekangarsarai, District-Nalanda, in connection with Encroachment Case No.75 of 2022-23, by filing appropriate

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Patna High Court CWJC No.4086 of 2024(4) dt.11-07-2024 3/3

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appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

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It is needless to state that for a period of four weeks from today, status quo, existing as on today qua the land/houses of the petitioners in question shall be maintained, in order to enable the petitioners to file appropriate appeals and seek interim relief.

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The present writ petition stands disposed off on the

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aforesaid terms.

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(Mohit Kumar Shah, J)

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sonal/-

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Shivkumar Prasad @ Anil Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivkumar Prasad @ Anil 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

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