Ganga Mandal v. The State Of Bihar and Ors.

Patna HC14 May 2025CWJC/19739/2018

Case brief

AI extract

What is this about?

Encroachment removal writ disposed of; Ganga Mandal v. State of Bihar; Patna High Court CWJC No.19739 of 2018; decided 14-05-2025 by Alok Kumar Sinha, J; Khata No. 520 (Old); Khesra Nos. 5806-6897; Mauza Borba Sirsiya (Baheri); Thana No. 81; Darbhanga; Circle Officer Baheri; supplementary counter affidavit; removal completed 28.04.2025; proceeding order Annexure-R/3; petitioner's signature Serial No.19; disk/photographs; three encroachers, proceeding in progress; oath no. 11284 dated 06.03.2025; nothing survives; writ disposed.

What did the court decide?

Writ application disposed of in light of the respondents' statement that all encroachments on the land in question were removed on 28.04.2025 in the presence of the petitioner and other villagers; no further direction was necessary. ¶¶26

Ganga Mandal Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether appropriate writ or direction should issue upon the respondents to remove encroachment on the petitioner's land (Khata No. 520 (Old) and numerous Khesra Nos. in Mauza Borba Sirsiya (Baheri), Thana No. 81, including Borba Dihbar Asthan to Sirsiya Dihbar road). +1 more

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Court's answer

Acting on the respondents' categoric statement, corroborated by the proceeding order dated 28.04.2025 (Annexure-R/3) bearing the petitioner's signature at Serial No.19, all encroachments on the land in question stand removed in the presence of the petitioner and other villagers.

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Ratio / Principle

Since all encroachments have been removed as stated by the respondents, nothing survives in the present writ application, which is accordingly disposed of in light of that statement.

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Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Sinha, J), CWJC No.19739 of 2018, Ganga Mandal v. The State of Bihar and others, decided 14-05-2025. The petitioner had sought a writ/direction for removal of encroachments on Khata No. 520 (Old) and numerous Khesra Nos. in Mauza Borba Sirsiya (Baheri), Thana No. 81, Darbhanga, including along the Borba Dihbar Asthan to Sirsiya Dihbar road. In a supplementary counter affidavit, respondent nos. 2 to 4 stated that removal of encroachment was completed on 28.04.2025 in the immediate presence of the petitioner and other villagers, with a signed proceeding order and disk/photographs (Annexure-R/3); the affidavit noted three encroachers against whom proceeding remained in progress (oath no. 11284 dated 06.03.2025). The Court verified the petitioner's presence and signature at Serial No.19 of the proceeding order and, acting on the categoric statement that all encroachments stood removed, held that nothing survived in the writ application and disposed of it accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19739 of 2018

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Ganga Mandal Son of Rabbi Mandal, Resident of Village- Baheri, TolaBarba, P.S.- Baheri, District- Darbhanga.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Collector cum District Magistrate, Darbhanga.

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The Collector cum District Magistrate, Darbhanga.

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The Sub Divisional Officer, Darbhanga.

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The Circle Officer, Baheri, P.S.- Baheri, District- Darbhanga.

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr. Ramashankar Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy-GP-18 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

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ORAL ORDER

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7 14-05-2025

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Heard learned counsel for the petitioner and learned counsel appearing for the State.

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The petitioner has filed a present writ application for issuance of appropriate writ or direction upon the respondents to remove encroachment on Khata No. 520(Old) Khesra Nos. 5806, 5825, 5828, 5842, 5846, 5852, 5854, 5858, 5860, 5867, 5874, 5888, 5894, 5897, 6703, 6727, 6778, 6780, 6781, 6827, 6828, 6829,6842, 6856, 6874, 6877, 6897 (Old) situated in Mauza Borba Sirsiya (Baheri) appertaining to Thana No. 81 including Borba Dihbar Asthan to Sirsiya Dihbar as than main road.

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In the supplementary counter affidavit filed by

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Patna High Court CWJC No.19739 of 2018(7) dt.14-05-2025 2/3

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respondent no.2 to 4 in paragraph-7, it has been stated as

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follows:

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“7. That it is further respectfully submitted that in accordance to the arranged date i.e 28.04.2025, the removal of encroachment from the land in question has been completed in the immediate presence of petitioner and other villagers of which proceeding order has been prepared upon which the petitioner has also made his signature. It is pertinent to mention here that the Compact Disk/Photographs has also been prepared/taken of the removal of encroachment of proceeding and in the same, it is respectfully submitted that the land encroachment in question 15 free from except the said three encroachers against whom the proceeding is in progress evident from the Para No-9 of the oath taken vide oath no. 11284 dated 06.03.2025.”

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In support of the above statement made in paragraph-7 of the supplementary counter affidavit, the respondents have also brought on record Annexure-R/3, which is copy of the proceeding order dated 28.04.2025, the disk/photograph.

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From a perusal of the proceeding prepared by the respondents on 28.04.2025 it is clear that the petitioner was present when the encroachment was removed. His signature is existing at Serial No.19 of the proceeding order (AnnexureR/3).

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Patna High Court CWJC No.19739 of 2018(7) dt.14-05-2025 3/3

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In view of the categoric statement made by the respondents that all the encroachments have been removed from the land in question in the presence of the petitioner and other villagers, nothing survives in the present writ application. Hence, the present writ application is disposed of in light of the above statement made by the respondents that all the encroachments have been removed from the land in question.

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(Alok Kumar Sinha, J)

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Prakash Narayan U

Ganga Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ganga Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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