Niraj Mishra vs The State Of Bihar
2023 Latest Caselaw 3432 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10476 of 2023
     ======================================================

Niraj Mishra Son of Late Shri Shiv Kumar Mishra, Resident of At. and P.O. and P.S. Barharia, District- Siwan, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Commissioner, Rural Development, Government of Bihar, Patna.

2. The District Magistrate, Siwan.

3. The Superintendent of Police, Siwan.

4. The Station House officer (S.H.O.), P.S.- Barharia,

5. The Block Development Officer, Barharia.

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

For the Petitioner/s : Mr. Awadhesh Kumar Pandey, Advocate For the Respondent/s : Mr. Md. N.H. Khan, SC-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-08-2023

The writ petition is filed for removing the alleged

encroachment on a village road situated in ward no. 9 of

Barharia village. The petitioner has alleged that the road, which

was existing from the Mughal period has been now grabbed by

some 'influential persons' and is used as a open drainage tank

causing closure of traffic movement through the road. However,

the name of the 'influential persons' have not been disclosed

and they have been described as 'Dawang' persons again

without disclosing their identities.

Patna High Court CWJC No.10476 of 2023 dt.01-08-2023

2. It is trite that encroachment even if it is illegal

has to be removed in accordance with the law. The encroachers

have a right to be heard before they are evicted from the

premises. The P.I.L. without impleading the encroachers would

not be maintainable.

3. In any event there is a provision for removal of

encroachment under the Bihar Public Land Encroachment Act

1956, which could be availed by any citizen, who is aggrieved

with such encroachment.

4. We find no reason to invoke the extraordinary

remedy under Article 226 of the Constitution of India to

interfere in the matter. We leave remedy to the petitioner or any

resident of the locality to agitate the cause under the Bihar

Public Land Encroachment Act 1956.

5. Writ petition stands disposed of.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) aditya/-

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Uploading Date          04.08.2023.
Transmission Date