Food Corporation Of India vs The State Of Bihar
2021 Latest Caselaw 5258 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17153 of 2021
     ======================================================

Food Corporation of India through the Divisional Manager, Food Corporation of India, Division Office, Digha, Patna Rajeev Kumar, male by gender, aged about 41 years, S/o Late Bageshwari Prasad, resident of Golakpur Mahendru, P.S.-Pirbahore, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department.

2. The District Magistrate, Patna.

3. The Circle Officer, Patna Sadar.

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

     For the Petitioner/s   :       Mr.Saket Tiwary
     For the Respondent/s   :       Mr. Ravi Bhardwaj, AC to GA 13

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 16-11-2021

Heard learned Counsel for the petitioner and learned

Assistant Counsel to Government Advocate No. 13.

2. The petitioner, Food Corporation of India, is

aggrieved by the proceedings of Encroachment Case No. 30/2021-

22, initiated by the Circle Officer, Patna Sadar, Patna, for removal

of the encroachment on the lands bearing Khesra No. 4371, Thana

No. 01, having an area of 73 decimals, situated at Digha Ghat,

Patna.

3. Learned Counsel for the petitioner submits that before

the incorporation of the petitioner Corporation as a special

organization to cater the needs of procurement, storage and

distribution of food grains, the work was being done by the Patna High Court CWJC No.17153 of 2021 dt.16-11-2021

Department of Food, Ministry of Agriculture, Government of India

and the godowns were called Central Food Storage Depot. He

further submits that the subject matter of the notice, dated

08.09.2021, issued by the Circle Officer, Patna Sadar is the

godown and railway siding owned by the petitioner Corporation.

He further submits that vide letter no. F.30-1/65-SG.II, dated

26.05.1972 (Annexure-1), the Government of India transferred the

godowns of Central Food Storage Depots along with railway

siding to the petitioner Corporation in various States, including

Bihar, and the petitioner Corporation has been using the godown

as well as the railways siding, situated at Digha Ghat, Patna, for

the last 50-52 years uninterruptedly. He next submits that the

Circle Officer has got no jurisdiction to initiate the proceeding

under the Bihar Public Land Encroachment Act (in short, 'the

Act') because there is serious dispute of right, title and interest

inasmuch as the petitioner Corporation is claiming its right, title

and interest based upon the transfer of the godown and the railway

siding by the Government of India in favour of the petitioner

Corporation. He also submits that a proper objection, in pursuance

of the notice issued by the Circle Officer, under Section 3 of the

Act, has been filed by the petitioner Corporation with a prayer to

make the Railways as a party in that encroachment proceeding.

Patna High Court CWJC No.17153 of 2021 dt.16-11-2021

4. On the other hand, learned Counsel for the State

submits that the petitioner Corporation has already filed its

objection with a prayer to implead the Railways as a party and the

same shall be decided by the Circle Officer in accordance with

law.

5. After taking into consideration the rival submissions

advanced on behalf of the parties, the fact emerges that the

petitioner Corporation has already filed its objection before the

Circle Officer, Patna Sadar, along with a prayer for impleading the

Railways as a party.

6. Accordingly, the Circle Officer, Patna Sadar, Patna

(respondent no. 3) is directed to dispose the petition filed by the

petitioner Corporation for impleading the Railways as a party in

the encroachment proceeding in accordance with law and

thereafter proceed to dispose the objection filed by the petitioner

Corporation.

7. With the aforesaid observation and direction, this writ

application is disposed of.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

AFR/NAFR                        NAFR
CAV DATE                         N/A
Uploading Date               16-11-2021
Transmission Date                N/A