Patna High Court
Ajay Kumar Bulganin vs The State Of Bihar on 4 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2837 of 2023
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Ajay Kumar Bulganin, son of Late Nabudi Ray, Resident of Village- Dakshni
Dhamaun, Ward No. 6, Post- Dhamaun, P.S.- Patori, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief/ Principal Secretary, Water Resources Department,
Govt. of Bihar, Patna.
3. The Engineer-in- Chief, Water Resources Department, Govt. of Bihar, Patna.
4. The District Magistrate, Samastipur.
5. The District Magistrate, Vaishali at Hajipur.
6. The District Magistrate, Muzaffarpur.
7. The Executive Engineer, Water Resources Department, Water Disposal
Division, Samastipur.
8. The Executive Engineer, Water Resources Department, Water Disposal
Division, Hajipur, District- Vaishali.
9. The Sub- Divisional Officer, Patori, District- Samastipur.
10. The Circle Officer, Patori, District- Samastipur.
11. The Circle Officer, Mohanpur, Patori, Samastipur.
12. The S.H./O., Mohanpur, Patori, District- Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
Mr. Amit Kumar, Advocate
For the Respondent/s : Mr.Sajid Salim Khan, SC 25
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 04-08-2023
The petitioner has filed the above Public Interest
Litigation for a direction to the respondents to remove the
encroachment from Harpur Saidabad link channel, to remove
Patna High Court CWJC No.2837 of 2023 dt.04-08-2023
the hurdle on the channel wherein Taradhamaun, Dhamaun and
Hetanpur villages are situated as also payment of compensation
to the land owners whose land has been acquired.
2. As has been pointed out by the learned
Government Advocate, already the petitioner himself had filed a
writ petition on the very same lines and Annexure-2 judgment
was passed. In compliance with Annexure-2, a representation
was made by the petitioner before the authority which is
produced as Annexure-3. The petitioner has suppressed the
disposal of the same. In compliance with the directions issued in
Annexure-2 judgment, Annexure-F order is issued by the
Collector, Samastipur, which has also been supplied to the
petitioner as is evident from that document itself. The copy of
Annexure-F has been endorsed to the petitioner herein, which
the petitioner has suppressed.
3. The Collector in the said order has spoken of
the land acquisition having been opposed by the headman and
villagers and the proceedings having been stopped for the
present. As far as the encroachment is concerned, it has been
decided to issue appropriate instructions to the officers,
Government servants, to proceed with the removal of the same
in accordance with law.
Patna High Court CWJC No.2837 of 2023 dt.04-08-2023
4. An action plan has been formulated in a
meeting wherein the Chief Secretary was the Chairman. It has
been decided that the Executive Engineer, Water Drainage
Division, Hajipur (Vaishali) on intimation of any encroachment
in the plan area, will inform the concerned Circle Officer who
will also take appropriate action to remove the encroachment
under Section 3 of the Bihar Public Land Encroachment Act,
1956.
5. We do not find any reason to entertain a
similar writ petition after the order issued in the earlier one has
been complied with in the letter and spirit. The petitioner is also
guilty of suppression insofar as not having produced the earlier
order.
6. The writ petition would stand dismissed for
the above reasons.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 08.08.2023
Transmission Date
