Disposed

Niranjan Prasad Sinha @ Niranjan Kumar v. The State of Bihar

Patna HC10 Dec 2024CWJC/9679/2023

Case brief

AI extract

What is this about?

The petitioner sought writs to prevent wall demolition, remove encroachments, measure land, and prohibit Aanganwari Kendra construction on disputed land in Karaiparsurai. After granting liberty to pursue civil remedies, the court disposed of the petition without adjudication on merits.

What did the court decide?

Liberty granted to file civil suit. The writ petition stands disposed off.

Niranjan Prasad Sinha @ Niranjan Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9679 of 2023

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Niranjan Prasad Sinha @ Niranjan Kumar, Son of Late Ramchandra Prasad @ Ramchandra Mahto, Resident of Gaurav Kunj, Housing Colony B/110 Lohia Nagar, Kankarbagh, District - Patna Bihar - 800020.

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... ... Petitioner

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Versus

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The State of Bihar

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The Collector at Bihar Sharif District Nalanda.

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The Sub-Division Officer, Hilsa Sub-Division, District - Nalanda.

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The Circle Officer, Karai Parsurai District - Nalanda.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar, Advocate For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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4 10-12-2024 1. The present writ petition has been filed seeking the

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following reliefs:-

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" (i) For not demolishing the pakka cemented wall of the petitioner situated over survey plot no.- 1599, khata no.443, admeasuring 2.22 decimal, over which the petitioner & his ancestors have been coming in possession since more than 100 years and there is a tubewell and trees since more than 50 years.

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(ii) For removal of encroachment made over survey plot no.- 1599, admeasuring 9 decimal, over which several persons have illegally made encroachments.

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(iii) For direction to the circle officer, Karai Parsurai, District- Nalanda to make measurement of survey plot no.-1599 by the Govt. amin and then remove the encroachment.

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(iv) For a direction to the respondents not to construct Aanganwari Kendra over survey plot no. 1599 as the nature of land in Khatiyan is public rasta, hence nature of the said plot no.- 1599 should not be changed and rasta

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Patna High Court CWJC No.9679 of 2023(4) dt.10-12-2024 2/2

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should not be blocked.

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(v) For a direction to the respondents not to construct Aanganwari Kendra by which rasta of the petitioner as well as that of other villagers will be obstructed.

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(vi) For that there are several plots and nature of the said plots are gair majarua aam in the survey khatiyan of the said village-Karai Parsurai, hence the Circle Officer should be directed to ascertain all such plots & remove the encroachment made over the same."

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After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction, for redressal of his aforesaid

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grievance. Liberty, so sought, is granted.

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The writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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Suruchi/-

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Niranjan Prasad Sinha @ Niranjan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niranjan Prasad Sinha @ Niranjan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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