Patna High Court
Phul Jha vs The State Of Bihar on 2 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24293 of 2019
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1. Phul Jha, Son of Late Yogendra Jha
2. Parmanand Jha, Son of Late Ram Lakhan Jha, Resident of Village- Kasraur
(North), P.S.- Ghanshyampur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Darbhanga.
3. The Circle Officer, Gauraboram, District- Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sharma, Advocate
For the Respondent/s : Mr.Md. Nadim Seraj ( Gp5 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 02-08-2022
Heard learned counsel for the parties.
Petitioners have prayed for following reliefs:-
A. For commanding the respondents to remove the
encroachment over plot No.2011, 1790, 1791, 1827, 1959,
1856, 1854, 1957, 1871, 1801, 1800, 1753, 1751, 1725,
1726, 1729, 1730, 1743, 1744, 1712, 1683, 1677, 1670,
1616, 1626, 1638, 1650, 1584, 1405, 1403, 1469, 1472,
1905, 1888, 1933, 1383, 1459, 1416, 1418 situated in
village Kasraur (North) P.S & Block - Ghanshyampur, Sub
Division- Biraul, District- Darbhanga which Govt. land by
father and uncle of Mukhiya of Gram panchayat Kasraur
Basauli and other villagers.
B. Also for commanding the respondents to remove
the encroachment made over main drainage of the village -
Kasraur (North) and construction Boring and other
constructions under Jal Nal Yojna.
Patna High Court CWJC No.24293 of 2019 dt.02-08-2022
C. Also for removing the construction made just by
side of the old building of primary school in construction
under Jal Nal Yojna in order to misutilize and
misappropriated the public money over the land which has
been donated by the people with condition for + 2 High
School.
D. Also for direction to the respondents to inquire
into the matter for lodging FIR for making construction
under Jal Nal Yojna over the building of the school in
connivance of the Mukhiya and local administration BDO,
Gauraboram and CO Gaurboram and contractors and lodge
FIR for committing different criminal offences in
misutilizing the public money under construction of Jal Nal
Yojna over the school building and private land building.
E. Also commanding the respondents to take appropriate
action for recovery of the public money which has been
misutilizing the public money in connivance of contractors,
Mukhiya in Kasraur Basauli of Government officials.
F. Also directing the respondents to ensure draining out
the water of the villagers Kasraur (North) from existing
drainage as it was after removing the encroachment made
over public land in order to protect the health of the villagers
and Air Pollution and water pollution.
G. Also directing the respondents to ensure the area of
the school be not encroached and encroachment made over
the school building and area of the school be removed in the
interest of the students and public.
H. Also for necessary relief/reliefs, order/orders,
direction/directions for which the petitioner is entitled in the
eye of law."
On 06.12.2019, following order was passed:-
" Learned counsel for the petitioner is
permitted to remove the defect pointed out by the Stamp
Patna High Court CWJC No.24293 of 2019 dt.02-08-2022
Reporter in course of the day.
After removal of defect, list this matter on
12.12.2019 under the appropriate heading."
Defects not removed. Even otherwise, we find the
petitioners can easily raise the issue before an appropriate forum
under the Bihar Public Land Encroachment Act, 1956, as are
otherwise available in accordance with law.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.08.2022
Transmission Date NA
