Naresh Singh vs The State Of Bihar
2021 Latest Caselaw 60 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7620 of 2020
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1. Naresh Singh son of Nathuni Singh r/o vill Naya Nagr Banni, P.O. Babu Bagicha, P.S. Maheshkhunt, Dist.- Khagaria.

2. Janardan Singh son of Nathuni Singh r/o vill Naya Nagr Banni, P.O. Babu Bagicha, P.S. Maheshkhunt, Dist.- Khagaria.

3. Suresh Singh son of Nathuni Singh r/o vill Naya Nagr Banni, P.O. Babu Bagicha, P.S. Maheshkhunt, Dist.- Khagaria.

4. Ganesh Singh son of Nathuni Singh r/o vill Naya Nagr Banni, P.O. Babu Bagicha, P.S. Maheshkhunt, Dist.- Khagaria.

5. Sudhir Singh son of Nathuni Singh r/o vill Naya Nagr Banni, P.O. Babu Bagicha, P.S. Maheshkhunt, Dist.- Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Deptt. of Revenue, Govt. of Bihar, Patna.

2. Sub- Divisional Lok Shikayat Nivaran Officer, Sub-division, Gogri Dt Khagaria.

3. The Anchaladhikari, Gogri at P.S. and P.O. Gogri, Dt. Khagaria.

4. Sri Prabhakar Kumar S/o Late Brijlal Singh Vill. Chanditola Banni, P.O.

Babu Bagicha, P.S. Maheshkhunt, Dt. Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narayan Singh Sr. Adv. with Mr.Subodh Kumar, Adv.

For the Respondent/s : Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 07-01-2021

Heard learned counsel for the petitioners and the

respondent- State.

Petitioners have approached this court seeking quashing of

notice dated 17.03.2020 issued by the Circle Officer, Gogri in

Encroachment Case No 13 of 2019-2020.

The learned senior counsel representing the petitioners Patna High Court CWJC No.7620 of 2020 dt.07-01-2021

submits that the petitioners were displaced by floods in the year

1962. On account of such displacement and being deprived of all

their possession, they settled down on the lands, in respect of

which, the impugned notice has been issued. The petitioners'

claim title over the lands in-question by virtue of adverse

possession since the year 1962. Specific averments to this effect

has been made in the grounds of the writ petition. It is further

submitted that a report was earlier submitted by the Circle

Officer, Gogri to the Sub Divisional Officer to be Grievance

Redressal Officer, Gogri, wherein, it has been stated that the

persons occupying the lands for which the Encroachment case

No. 13 of 2019-2020 was proceeding, were landless persons in

favour of whom Purcha could be issued. It is submitted that

instead of issuing any Purcha to the petitioners, they are now

faced with the threat of dispossession from the lands in question

by virtue of impugned notice issued in Encroachment Case No 13

of 2019-2020.

The State counsel has submitted that the assertion of the

petitioners regarding their title being perfected by virtue of

adverse possession is a claim which the petitioners would be

required to establish in appropriate civil proceedings by leading

evidence. Any declaration to that effect cannot be had in the Patna High Court CWJC No.7620 of 2020 dt.07-01-2021

instant proceedings. It is further submitted that the petitioners

cannot claim any indefeasible right to continue on the lands in-

question as their occupation of the Government land is an

encroachment. The report of the Circle Officer relied upon by the

petitioners dated 19.09.2018 (Annexure-4 to the writ petition)

will not create any right in favour of the petitioners as the

petitioners name does not find mention in the said order. He

submits that the issue has subsequently been looked into by the

Authorities. After thorough assessment of the status of the various

persons, who have encroached upon the government lands in-

question, a report has been submitted by the Revenue Karmchari,

which is dated 06.10.2020. The same is Annexure-E to the

counter affidavit filed by the respondent Authorities. After a

thorough and detailed enquiry with respect to status of the

encroacher the Revenue Karmchari has submitted a report,

wherein, the instant petitioners name figure at Serial No 13 to

17. The Revenue Karmchari has reported that the petitioners are

not landless, they have concrete houses and also possess lands. The

claim for being issued Purcha raised by the petitioners, therefore,

on the basis of Annexure-4 to the writ petition, which is prior to

Annexure-E of the counter affidavit, wherein,such findings have

been recorded, is clearly unsustainable. He lastly submits Patna High Court CWJC No.7620 of 2020 dt.07-01-2021

that against the impugned order, which has been issued in an

Encroachment case, the petitioner has remedy under the Bihar

Land Encroachment Act.

This Court has considered the submissions of the rival

parties.. This Court, while exercising jurisdiction under Article

226 of the Constitution of India would not exercise jurisdiction to

declare title and possession of the petitioners in respect of

Government lands on the basis of adverse possession. Such a

claim/prayer can only be made in appropriate civil proceedings.

This Court, therefore, would not exercise jurisdiction in respect of

this prayer of the petitioners.

In so far as the claim for Purcha,this Court would only

observe that Annexure-4 to the writ petition, on which reliance

has been placed by the petitioners, is not a recommendation in

favour of the petitioners in specific terms. Petitioners name does

not figure in the said recommendation.On the contrary, their name

figures in the report of the Revenue Karmchari (Annexure- E to

the counter affidavit), wherein, in respect of the petitioners, it has

been reported that they are not landless, and are having a concrete

houses and other pieces of land elsewhere.Whether the said report

is correct or not is an issue which this Court would refrain from

commenting upon, in view of the nature of the order this Patna High Court CWJC No.7620 of 2020 dt.07-01-2021

court proposes to pass. The petitioners may take resort to

proceedings claiming Purcha as a landless persons before the

appropriate Authority/Forum, subject to fulfillment of the

requisite criteria for the same, and only in accordance with law.

Based on the pleadings on record, there is no occasion for this

Court to exercise jurisdiction to issue any such direction in

favour of the petitioners.

Clearly, no case is made out for the relief/s prayed for in

the instant proceedings. The writ petition is dismissed.

It is, however, made clear that any observations made in the

instant order may not be taken to be an expression of opinion on

the rival claims. The petitioners would be at liberty to avail their

remedy under the Bihar Public Land Encroachment Act or any

other Forum, in accordance with law, for their claim in respect of

the lands in-question.

(Madhuresh Prasad, J) shyambihari/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          12.01.2021
Transmission Date