Disposed

Narendra Lal Das v. The State Of Bihar and Ors.

Patna HC22 Jan 2024CWJC/497/2017

Case brief

AI extract

What is this about?

Hon'ble Justice Sandeep Kumar disposed of a writ application seeking removal of encroachment. The Court held that disputed facts preclude determination in writ proceedings and directed the Circle Officer to pass a reasoned order after hearing parties.

What did the court decide?

Directing the Circle Officer to consider the case of parties and pass a reasoned order after hearing all necessary parties.

Narendra Lal Das Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.497 of 2017

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Narendra Lal Das S/o late Madhusudan lal Das Vill. P.O. - Pratapganj, P.S.Circle- Pratapganj, Distt- Supaul, Bihar, Pin- 852125.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Collector, Supaul, District Supaul.

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The Dy. Collector Land Reform, Sub Divisional , Office Birpur, District Supaul, Pin 854340

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Circle Officer, Pratapganj, District Supaul, Pin 852125

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Birendra Mandal

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Surendra Mandal Both S/o Janak Mandal R/o Vill P.O. P.S. CirclePratapganj, Distt- Supaul, Pin -852125

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Santosh Mandal S/o Birendra Mandal

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Dilip Mandal S/o Surendra Mandal Both R/oo Vill. P.O. P.S. CirclePratapganj, Distt. Supaul,Pin -852125

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Mallick For the Respondent/s : Mr.Rishi Raj Sinha- Sc19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 22-01-2024

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1 . This is an application for commanding upon the

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respondents to remove the encroachment from the land in question.

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2 . The Circle Officer, Pratapganj (respondent no. 4) has initiated an Encroachment Case No. 01 of 2019-20.

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3 . The contention and counter contention of the parties cannot be considered by this Court in a writ proceeding as the same are disputed questions of fact.

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4 . This application is disposed of with direction to

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Patna High Court CWJC No.497 of 2017(4) dt.22-01-2024 2/2

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the Circle Officer, Pratapganj (respondent no. 4) to consider the case of the parties and pass a reasoned order in accordance with law after hearing all the necessary parties.

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5 . In case, the respondent nos. 05 to 08 do not appear then an ex-parte order may be passed by the Circle Officer, Pratapganj (respondent no. 4).

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6 . This order has been passed in presence of the learned lawyer for the respondent nos. 05 to 08, Shri Pramod Mishra.

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7 . Respondent nos 05 to 08 now cannot claim that they do not have any notice of the encroachment case. They will appear before the Circle Officer, Pratapganj (respondent no. 4) within one month from today and, thereafter, the encroachment case will proceed.

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8 . With the aforesaid observation and direction, this application is disposed of.

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(Sandeep Kumar, J)

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Shishir /-

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Narendra Lal Das v. The State Of Bihar and Ors.

Case brief

What is this about?

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Narendra Lal Das v. The State Of Bihar and Ors.

Case brief

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