Bhartiya Krishi Mazdur Sanggh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bhartiya Krishi Mazdur Sanggh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order of this Court dated 03.02.2020 passed in CWJC No. 16815 of 2019, concerning removal of the encroachment over land appertaining to Mauja No. 73, Khata No. 324, Plot No. 1214 (admeasuring 0.96 decimal) at Mauja Bishanpur, Thana No. 73, Circle Suryagarha, District Lakhisarai, has been complied with.

Court's answer

In compliance with the Court's order dated 03.02.2020 in CWJC No. 16815 of 2019, the encroachment over the land in question (Mauja No. 73, Khata No. 324, Plot No. 1214, 0.96 decimal, Mauja Bishanpur, Circle Suryagarha, Dist. Lakhisarai) had already been removed, as evidenced by the joint report dated 26.11.2022 (annexure-C to the show cause), signed in acknowledgment by the petitioner.

Ratio / Principle

There was no rebuttal of the factum of the encroachment having been removed: neither any rejoinder affidavit had been filed nor had anyone appeared for the petitioner on the preceding day or on the day of this order.

Key takeaways

The Court was satisfied that its order dated 03.02.2020 passed in CWJC No. 16815 of 2019 had been complied with and was not persuaded to proceed further in the matter; consequently the present petition stood dismissed.ratio¶¶24

Detailed headnote1 paragraphs

Patna High Court — Miscellaneous Jurisdiction Case No. 658 of 2021 (in Civil Writ Jurisdiction Case No. 16815 of 2019); coram Mohit Kumar Shah and Shailendra Singh, JJ; oral order per Mohit Kumar Shah, J; decided 24-06-2025. Proceeding arising out of CWJC No. 16815 of 2019, in which compliance with this Court's order dated 03.02.2020 was under examination, the order concerning removal of encroachment over land appertaining to Mauja No. 73, Khata No. 324, Plot No. 1214, admeasuring 0.96 decimal, situated at Mauja Bishanpur, Thana No. 73, Circle Suryagarha, District Lakhisarai. The opposite parties (through Mr. Anjani Kumar, AAG-4) relied on a joint report dated 26.11.2022 (annexure-C to the show cause) recording that the encroachment had been removed, signed in acknowledgment by the petitioner (Bhartiya Krishi Mazdur Sanggh through Paras Nath Sahay). As neither any rejoinder affidavit had been filed nor anyone appeared for the petitioner on two successive days, the Court found no rebuttal, held the order dated 03.02.2020 complied with, declined to proceed further, and dismissed the petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.658 of 2021 In

Civil Writ Jurisdiction Case No.16815 of 2019

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

Bhartiya Krishi Mazdur Sanggh through its Secretary Paras Nath Sahay, aged about 35 Years (Male) resident of Village- Loshghani, P.S.- Piri Bazar, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar through Dipak Kumar Chief Secretary, Government of Bihar, Patna.

Arbind Kumar Choudhary, Principle Secretary, Rural Development Department, Old Secretariate, Patna.

Sanjay Kumar Singh District Magistrate, Lakhisarai.

Sanjay Kumar Subdivisional Officer, Lakhisarai.

Sumit Kumar Cicle Officer, Suryagarha, Lakhisarai.

Ajit Kumar, Revenue Karmchari, Suryagarha Block, Lakhisarai.

Mantu Paswan son of Late Biso Paswan Village- Kashichak, P.S. Piri Bazar, District- Lakhisarai.

Bulbul Devi Gram Panchayat Maheshpur, Suryagarha, Lakhisarai.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : None. For the Opposite Party/s : Mr. Anjani Kumar, AAG 4 Mr. AC to AAG 4

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4 24-06-2025 The learned counsel for the opposite parties has submitted that in compliance of the order of this Court dated 03.02.2020 passed in CWJC No. 16815 of 2019, the encroachment made over land appertaining to Mauja No. 73, Khata No. 324, Plot No. 1214, admeasuring 0.96 decimal

Patna High Court MJC No.658 of 2021(4) dt.24-06-2025 2/2

situated at Mauja- Bishanpur, Thana No. -73, Circle - Suryagarha, Dist- Lakhisarai, has already been removed as would be apparent from annexure-C to the show cause filed in the present case, which is the joint report dated 26.11.2022 and the same has also been signed in acknowledgment by the petitioner.

2. We find that neither any rejoinder affidavit has been filed nor anyone had appeared yesterday for the petitioner and even today nobody has bothered to appear for the petitioner, hence, obviously there is no rebuttal of the aforesaid factum of the encroachment in question having been removed, thus, we are satisfied that the order of this Court dated 03.02.2020 passed in CWJC No. 16815 of 2019 has been complied with, hence, we are not persuaded to proceed any further in the matter.

3. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J)

( Shailendra Singh, J)

Annu/BKS-

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