Disposed¶24

Mahendra Saw v. The State of Bihar

Patna HC28 Apr 2025CWJC/6397/2025

Case brief

AI extract

What is this about?

Alternative remedy — writ disposed with liberty to appeal; Encroachment Case No. 04/2024-2025; order dated 25.02.2025 by Circle Officer, Sheikhpura; appeal before Collector, Sheikhpura on or before 12.05.2025; time-bound disposal of appeal within three months; proper opportunity of hearing to all concerned; no coercive action till 13.05.2025; Patna High Court CWJC No.6397 of 2025 (Satyavrat Verma, J.).

What did the court decide?

Liberty to the petitioner to file an appeal before the Collector, Sheikhpura against the order dated 25.02.2025 on or before 12.05.2025; the Collector directed to consider and dispose of any such appeal within three months after giving proper opportunity of hearing to all concerned; no coercive action against the petitioner till 13.05.2025. ¶24

Mahendra Saw Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6397 of 2025

¶2

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

¶3

Mahendra Saw Son of Kesho Saw, Resident of Ward no. 12, Badi Sangat Pul, P.S - Sheikhpura, District - Sheikhpura.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Collector, Sheikhpura.

¶7

The Additional Collector, Sheikhpura.

¶8

The Sub-Divisional Officer, Sheikhpura.

¶9

The Circle Officer, Sheikhpura.

¶10

The Station House Officer, Sheikhpura.

¶11

The Executive Officer, Nagar Prishad, Sheikhpura.

¶12

Punam Kumari, W/o Ranjeet Malakar @ Malakar, R/o Village - Bari Sangatpul, PS and District - Sheikhpura.

¶13

... ... Respondent/s

¶14

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

¶15

Appearance :

¶16

For the Petitioner/s : Mr. Rakesh Kumar Shrivastava, Advocate For the Respondent/s : Mr. Pankaj Kumar, SC-12 ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶18

2 28-04-2025

¶19

Heard learned counsel for the petitioner and Mr. Pankaj Kumar, learned SC-12 for the State.

¶20

Learned counsel appearing on behalf of the State at the outset submits that petitioner instead of availing his alternative remedy has moved this Court directly against the order dated 25.02.2025 passed in Encroachment Case No. 04/2024-2025 by the Circle Officer, Sheikhpura.

¶21

Learned counsel for the petitioner submits that no doubt petitioner has alternative remedy of filing an appeal against the order dated 25.02.2025 passed in Encroachment Case No. 04/2024-2025 but since the Circle Officer, Sheikhpura

¶22

Patna High Court CWJC No.6397 of 2025(2) dt.28-04-2025 2/2

¶23

before passing the order dated 25.02.2025 did not give an opportunity of hearing to the petitioner and was adamant for removing the encroachment, as such, the petitioner had to rush before this Court. It is further submitted that petitioner will file an appeal before the Collector, Sheikhpura against the order dated 25.02.2025 in Encroachment Case No. 04/2024-2025 on or before 12.05.2025.

¶24

After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to avail his alternative remedy before the Collector, Sheikhpura by filing an appeal against the order dated 25.02.2025 on or before 12.05.2025, if any appeal is filed by the petitioner before the Collector, Sheikhpura in that event the Collector, Sheikhpura shall consider and dispose of the appeal within a period of three months thereafter after giving proper opportunity of hearing to all concerned.

¶25

It is made clear that no coercive action shall be taken against the petitioner till 13.05.2025.

¶26

(Satyavrat Verma, J)

¶27

Kundan/-

¶28

Mahendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahendra Saw v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Umashankar Bhagat Vs Shree Dipak Kumar Singh, The State of Bihar Represented through the Additional Chief Secretary

Parsuram Rai Vs The State of Bihar through Principal Secretary, Education Department

Jumaid Shekh Vs The State of Bihar

Saroj Kumar Singh Vs The State of Bihar through the Principal Secretary Revenue and Land Reform Department

Md Israil Vs The State of Bihar

Kanhiya Ram @ Kanhaiya Ray Vs The State of Bihar