Disposed

Sushil Kumar Singh and Ors. v. The State Of Bihar Through Sri Brajesh Meharatra, The Principal Secretary, Revenue And Land Reforms

Patna HC7 Oct 2024MJC/3936/2018

Case brief

AI extract

What is this about?

Contempt/execution proceeding (MJC) arising from a 2017 writ petition concerning alleged illegal encroachment recorded in revenue records. The Circle Officer filed supplementary show cause. The Court observed the entries stand in the names of alleged encroachers and are not proven illegal encroachment unless established in civil court; the MJC was dropped with Rs. 5,000 cost to petitioners.

What did the court decide?

MJC dropped; petitioners awarded Rs. 5,000 cost; liberty to approach civil court.

Sushil Kumar Singh and Ors. Vs The State Of Bihar Through… — Property and Title | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3936 of 2018

¶2

¶3

Civil Writ Jurisdiction Case No.13325 of 2017

¶4

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

¶5

Sushil Kumar Singh and Ors S/o Late Ram Bilash Singh

¶6

Sanjay Kumar Singh S/o Late Pasupati Nath Singh

¶7

Sushil Kumar Singh S/o Late Brahmdeo Singh

¶8

Ram Bachan Singh S/o Late Raj Narayan Singh

¶9

Babu Ram Singh S/o Late Keshav Singh All are resident of Village- Rauni, P.S.- Rajpur, District- Buxar.

¶10

... ... Petitioner/s

¶11

Versus

¶12

The State Of Bihar Through Sri Brajesh Meharatra, The Principal Secretary, Revenue And Land Reforms

¶13

Sri Raghavendra Singh, the District Magistrate, Buxar.

¶14

¶15

Sri Prabhat Kumar, D.C.L.R., Buxar.

¶16

Sri Krishna Kant Upadhaya, the Sub- Divisional Public Grievance Redressal Officer, Buxar.

¶17

Sri Awadhesh Prasad, the Circle Officer, Rajpur, District- Buxar. null null

¶18

... ... Opposite Party/s

¶19

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

¶20

Appearance :

¶21

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Md. Khurshid Alam, AAG 12

¶22

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

¶23

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

¶24

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

¶25

6 07-10-2024 Pursuant to earlier order dated 30.09.2024, Ms. Shobha Kumari, the Circle Officer, Rajpur, Buxar is present in the Court. She has filed supplementary show cause on behalf of opposite party No. 5 along with Annexures - A and B. We have perused the documents.

¶26

2. The petitioners have been heard in the matter. The

¶27

Patna High Court MJC No.3936 of 2018(6) dt.07-10-2024 2/2

¶28

concerned authority has taken note of the entries made in the revenue records and it stands in the name of alleged to be illegal encroachers, therefore, it is not illegally encroached as on this day unless and until the same is proved in the manner known to the law in the civil court jurisdiction.

¶29

3. Accordingly, the present MJC No. 3936 of 2018 stands dropped. Having regard to belated compliance to the order of this Court, petitioners are entitled to cost of Rs. 5,000/(Rupees Five Thousand). Cost shall be paid to the petitioners within a period of eight weeks from today.

¶30

4. The petitioners are at liberty to invoke civil court jurisdiction, if they are so advised and in accordance with law.

¶31

(P. B. Bajanthri, J)

¶32

(S. B. Pd. Singh, J)

¶33

GAURAV S./- U

Sushil Kumar Singh and Ors. v. The State Of Bihar Through Sri Brajesh Meharatra, The Principal Secretary, Revenue And Land Reforms

Case brief

What is this about?

What did the court decide?

Sushil Kumar Singh and Ors. v. The State Of Bihar Through Sri Brajesh Meharatra, The Principal Secretary, Revenue And Land Reforms

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The State of Bihar Vs The Magadh University

The Union of India Vs Jagar Nath Manjhi

Rampukar Mahto Vs The State of Bihar through the Principal Secretary, Govt. of Bihar, Patna

The State of Bihar Vs Tilka Manjhi Bhagalpur University

Bharat Thakur Vs The State of Bihar

Archana Kumari Vs Sanjay Kumar