Satyendra Prasad Roy v. The State Of Bihar and Ors.

Patna HC15 May 2025CWJC/22780/2018

Case brief

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What is this about?

Patna High Court; Civil Writ Jurisdiction Case No. 22780 of 2018; Satyendra Prasad Roy v. State of Bihar & others; decided 15-05-2025; single bench of Alok Kumar Sinha, J. Encroachment removal; road flank constructed under Jawahar Rojgar Yojna No. 03/97-98 (1998-99) over petitioner's land in Mauza-Bajitpur Chak Ksturi, Sahdei Bujurg, Vaishali; admission by Respondent-State of mistaken construction; direction to remove encroachment within one month; writ disposed. Keywords: encroachment, Jawahar Rojgar Yojna, land, Vaishali, counter-affidavit admission, mandamus for removal.

What did the court decide?

Direction to the respondents to remove the encroachment, of any nature, from the petitioner's land within one month from the date of the order. ¶¶23

Satyendra Prasad Roy Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22780 of 2018

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Satyendra Prasad Roy S/o Late Jilal Ray, R/o Vill.- Bajitpur, P.O.- Bajipur Chak Kasturi, P.S.- Desari, District- Vaishali.

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... ... Petitioner

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Versus

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The State Of Bihar

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The Secretary , Rural Development , Govt. of Bihar, Patna.

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The District Magistrate, Vaishali.

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The Deputy Land Reforms officer, Vaishali.

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Sub- Divisional Officer Mahnar, Vaishali.

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Circle Officer, Sahdei Bujurg , Vaishali.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar, Aag-4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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3 15-05-2025

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Heard learned counsel for the petitioner and learned

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counsel for the Respondent-State.

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2 . The petitioner has approached this Court for a

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direction to be issued to the respondents to remove the encroachment of filling of soil and brick upon 3 decimal land of the petitioner bearing Khata No. 193, Khesra No. 4783, Area-11 decimal, Mauza-Bajitpur Chak Ksturi (Tola Tribhuvani) , Anchal-Sahdei Bujurg, P.S.-Desari (O.P. Sahdei Bujurg), District- Vaishali under Jawahar Rojgar Yojna No. 03/97-98 in the Financial Year 1998-99 dated 10.09.1998 from near the house of Moti Rai to near the house of Shri Yogi Rai.

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Patna High Court CWJC No.22780 of 2018(3) dt.15-05-2025 2/2

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3 . To the aforesaid prayer made by the learned counsel for the petitioner, the learned counsel appearing for the Respondent-State admits that by mistake the flank of the road has been constructed over the above described land belonging to the petitioner.

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4 . In view of the aforesaid admission by the Respondent-State which has been stated in the counter-affidavit also, the respondents are directed to remove the encroachment be that of any nature from the land belonging to the petitioner within one month from the date of passing of this order.

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5 . With the observation and direction, this writ application is being disposed of.

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(Alok Kumar Sinha, J)

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Gaurav Sinha/-

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Satyendra Prasad Roy v. The State Of Bihar and Ors.

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Satyendra Prasad Roy v. The State Of Bihar and Ors.

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