Disposed¶31

Dilip Kumar Jaisawal v. The State of Bihar

Patna HC3 Jan 2025CWJC/2190/2024

Case brief

AI extract

What is this about?

Bihar Public Land Encroachment Act 1956; Section 3(1) notice; Section 6(1) final order; encroachment notices dated 22.01.2024 by Circle Officer Jehanabad; Encroachment Case No.20 of 2023-24; liberty to file reply/objections within four weeks; no coercive action interim protection; ex parte final order on default; writ petition disposed; Patna High Court CWJC No.2190 of 2024; Mohit Kumar Shah J; 03-01-2025.

What did the court decide?

Petitioners granted liberty to file reply/objections before the Circle Officer, Jehanabad within four weeks; Circle Officer to consider the same in accordance with law and pass the final order under Section 6(1) of the Act, 1956 within four weeks thereafter; no coercive action against the petitioners till then; in default of filing, final order may be passed ex parte. ¶31

Dilip Kumar Jaisawal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notices dated 22.01.2024 issued to the petitioners by the Circle Officer, Jehanabad (respondent no.5) ought to be quashed. +1 more

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Court's answer

It would be appropriate that the petitioners file their reply/objections before the Circle Officer, Jehanabad, who shall consider the same in accordance with law and pass the final order under Section 6(1) of the Act, 1956.

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Ratio / Principle

Liberty was granted to the petitioners to file their reply/objections before the respondent no.5 (Circle Officer, Jehanabad) in connection with Encroachment Case No.20 of 2023-24 within four weeks.

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Key takeaways

The Circle Officer, Jehanabad was directed to consider the reply/objections to be filed by the petitioners in accordance with law and pass the final order under Section 6(1) of the Act, 1956, in case not already passed, within four weeks thereafter.ratio¶27
Till the final order under Section 6(1) of the Act, 1956 is passed, no coercive action shall be taken against the petitioners.ratio¶27
In case no reply/objection is filed by the petitioners within four weeks, the Circle Officer, Jehanabad shall nonetheless proceed ahead to pass the final order under Section 6(1) of the Act, 1956, ex parte.

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J.), oral order dated 03-01-2025 in CWJC No.2190 of 2024: writ petition seeking quashing of notices dated 22.01.2024 issued by the Circle Officer, Jehanabad (respondent no.5) to seven petitioners. On the respondent-State's submission that only notices under Section 3(1) of the Bihar Public Land Encroachment Act, 1956 had been issued, the Court disposed of the petition: petitioners given liberty to file reply/objections before the Circle Officer within four weeks in connection with Encroachment Case No.20 of 2023-24; Circle Officer directed to consider such reply/objections in accordance with law and pass the final order under Section 6(1) of the Act, 1956 within four weeks thereafter; no coercive action against the petitioners till then; failing filing of reply within four weeks, the Circle Officer may pass the final order ex parte.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2190 of 2024

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Dilip Kumar Jaisawal S/o Late Kalika Parasad Jaisawal @ Kalee Prasad Jaiswal Resident of Unta Railway Station, P.S. and District -Jehanabad.

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Dhruva Prasad Jaisawal @ Guru Prasad Jaisawal, S/o Late Kalika Prasad Jaisawal @ Kalee Prasad Jaiswal Resident of Unta Railway Station, P.S. and District - Jehanabad.

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Shashi Kumar Gupta @ Shashi Kumar, S/o Sita Ram Gupta Resident of Unta Railway Station, P.S. and District - Jehanabad.

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Shambhu Prasad, S/o Shree Prasad Resident of Unta Railway Station, P.S. and District - Jehanabad.

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Aisha Khatoon, Wife of Arman Ahmad Resident of Unta Railway Station, P.S. and District - Jehanabad.

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Umesh Prasad, S/o Pyare Saw Resident of Unta Railway Station, P.S. and District - Jehanabad.

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Irfan Ahmed, S/o Noor Mohammad Resident of Unta Railway Station, P.S. and District - Jehanabad.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar at Patna.

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The District Magistrate, Jehanabad.

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The Chairman, District Board, Jehanabad.

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The S.D.O., Jehanabad.

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The Circle Officer, Jehanabad.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the State : Mr. Kamlesh Kishore, AC to SC-12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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6 03-01-2025

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Though the present writ petition has been filed for

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quashing the notices dated 22.01.2024, issued to the petitioners by the Circle Officer, Jehanabad, i.e. the respondent no.5, however, the learned counsel for the respondent-State submits that only notices under Section 3(1) of the Bihar Public Land

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Patna High Court CWJC No.2190 of 2024(6) dt.03-01-2025 2/3

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Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”), have been issued to the petitioners, hence it would be appropriate that the petitioners file their reply/objections before the Circle Officer, Jehanabad, who shall definitely consider the same, in accordance with law and pass the final order under Section 6(1) of the Act, 1956, thereafter.

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In view of the aforesaid, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file their reply/objections before the respondent no.5, in connection with Encroachment Case No.20 of 2023-24, within a period of four weeks from today. Liberty so sought is granted.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Jehanabad to consider the reply/objections, to be filed by the petitioners, in accordance with law, and pass the final order under Section 6(1) of the Act, 1956, in case the same has not yet been passed, within a period of four weeks, thereafter and till then no coercive action shall be taken against the petitioners.

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It is needless to state that in case no reply/objection is filed by the petitioners within a period of four weeks from today, the Circle Officer, Jehanabad shall, nonetheless, proceed ahead to pass the final order under Section 6(1) of the Act, 1956,

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Patna High Court CWJC No.2190 of 2024(6) dt.03-01-2025 3/3

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ex parte.

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