Disposed¶25

Laxman Singh v. The State of Bihar

Patna HC6 Mar 2024CWJC/482/2022

Case brief

AI extract

What is this about?

Bihar Land Encroachment Act; alternative remedy; revision before Commissioner; encroachment case; removal of Pacca House; Plot No. 417; Khata no. 102; village Khatiwa; P.S. Itarhi; District-Buxar; Circle Officer Memo no. 1491 dated 25.10.2021; Encroachment Case no. 9 of 2021-22; Annexure-5; appeal dismissed by Collector; liberty to file revision within 30 days; revision to be decided within six months; CWJC No.482 of 2022; Justice Sandeep Kumar; order dated 06-03-2024; Patna High Court.

What did the court decide?

Liberty to the petitioners to file a revision before the Commissioner concerned within 30 days; if filed within 30 days, the Commissioner to hear the revision on merits and dispose of it within six months. ¶25

Laxman Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition should be entertained notwithstanding the availability of an alternative statutory remedy of revision before the Commissioner under the Bihar Land Encroachment Act against the appellate order dismissing the petitioners' appeal.

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Court's answer

The petitioners have an alternative remedy of approaching the Commissioner against the appellate order under the Bihar Land Encroachment Act.

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Ratio / Principle

The application is disposed of with liberty to the petitioners to file a revision before the Commissioner concerned within 30 days; if such a revision is filed within 30 days, the Commissioner will hear the revision on merits.

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Key takeaways

If any revision is filed by the petitioners, the same shall be disposed of within six months by the Commissioner.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J) disposed of Civil Writ Jurisdiction Case No.482 of 2022 (Laxman Singh & Anr. v. The State of Bihar & Ors.) by which the petitioners challenged Memo no. 1491 dated 25.10.2021 passed by the Circle Officer, Itarhi (Respondent no. 4) in Encroachment Case no. 9 of 2021-22 (Annexure-5), ordering removal of an encroachment (Pacca House) from Plot No. 417, Khata no. 102, village Khatiwa, P.S. Itarhi, District-Buxar, failing which removal was to be effected with police help at the petitioners' cost, the petitioners contending the house stood on Plot No. 416. Noting that the petitioners' appeal had already been dismissed by the Collector and that they had an alternative remedy of approaching the Commissioner against the appellate order under the Bihar Land Encroachment Act, the Court disposed of the application with liberty to file a revision before the Commissioner concerned within 30 days; if so filed, the Commissioner was directed to hear the revision on merits and dispose of it within six months.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.482 of 2022

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Laxman Singh son of Radha Prasad Singh, Resident of Village-Khatiwa, P.S.-Itarhi, District-Buxar.

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Shambhu Nath Singh, son of Gul Bachan Singh, Resident of VillageKhatiwa, P.S.-Itarhi, District-Buxar.

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... ... Petitioner/s

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Versus

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

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The Collector cum District Magistrate, Buxar.

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The D.C.L.R. Buxar.

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The Circle Officer, Itarhi, District-Buxar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sunil Kumar Singh No.10 For the Respondent/s : Mr.Raj Kishore Roy (Gp18)

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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7 06-03-2024 Heard the parties.

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The petitioners have moved the Court for the

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following reliefs:

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“For quashing the Memo no. 1491 dated 25.10.2021 passed by Circle Officer, Itarhi, Respondent no. 4 in Encroachment Case no. 9 of 2021-22 contained in Annexure-5 ordering the petitioner for removal of Encroachment (Pacca House) from Plot No. 417, Khata no. 102, situated at village Khatiwa, P.S.Itarhi, District- Buxar otherwise the same would be removed with the help of police with cost though the said house is built on Plot No. 416.

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(ii) To pass any such order or orders as the Hon’ble Court be deem just and proper in the facts and circumstances of the case.”

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The appeal of the petitioners have been dismissed

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Patna High Court CWJC No.482 of 2022(7) dt.06-03-2024 2/2

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by the Collector. The petitioners have an alternative remedy of approaching the Commissioner against the appellate order under the Bihar Land Encroachment Act.

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This application is disposed of with liberty to the petitioners to file a revision before the Commissioner concerned within 30 days from today. If such a revision is filed within 30 days from today, the Commissioner will hear the revision on merits.

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