Pintu Mishra vs The State Of Bihar And Ors
2023 Latest Caselaw 4172 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5659 of 2019
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Pintu Mishra, S/o- Ganesh Mishra, resident of Village Davihat Dih (Tola), Sohrai, P.O.- Pandaul, Anchal- Rahika, District- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Sugarcane Industries Department, Government of Bihar, Vikas Bhawan, New Secretariat, Bailey Road, Patna- 800015.

2. The Sugarcane Commissioner-Cum- Managing Director Bihar State Sugar Corporation Limited, Patna.

3. The General Manager, Bihar State Sugarcane Corporation Lohat Unit, Lohat Sugar Factory, P.O.- Lohat, P.S. Pandaul, District- Madhubani.

4. The District Magistrate District- Madhubani.

5. The Deputy Collector Land Reforms (DCLR) District- Madhubani.

6. The Circle Officer, Pandaul District- Madhubani.

......Respondents (1st Set)

7. Sunil Kumr Jha, President Block unit of Congress(I), S/o Late Kameshwar Jha, Village- Belahi, Purwari Tola, Post- Lohat, Block- Pandaul, P.S.- Pandaul, District- Madhubani, Pin-847231.

8. Sri Laxman Chaudhary, Block President of C.P.I., S/o Late Surendra Chaudhary, Village- Bihnagar, Panchayat- Biraul, P.S.- Pandaul, P.O- Biraul, District- Madhubani, Pin-847236 ... ... Respondent (2nd Set)

====================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)

Date : 31-08-2023

Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. The instant Public Interest Litigation has been filed

by the petitioner, who describes himself as a social activist, for a

direction to the respondents for taking immediate steps to ensure Patna High Court CWJC No.5659 of 2019 dt.31-08-2023

that the lands which belong to the erstwhile Darbhanga Sugar

Co. Ltd. and/or Lohat Sugar Mills, ownership of which now

vests in the Government of Bihar is not encroached

upon/sold/misappropriated and for further directing the

respondents to take steps for revoking/cancelling the sale deed

as contained in Annexure-3.

3. From the counter affidavits filed on behalf of the

respondents it transpires that the land in question, which is part

of a big plot, was donated by Maharaja Rameshwar Shah

Bahadur to the sugar mill. With the intention to grab the same,

some anti-social elements in connivance with ex-employees of

the mill have encroached upon the land of the sugar mill.

Pursuant to encroachment of the land, the respondent authorities

have been requested to take appropriate action for removal of

the same and letters have been written including the letter dated

20.7.2023 by the Cane Commissioner-cum-Managing Director

of Bihar State Sugar Corporation to the District Magistrate and

the Superintendent of Police, both of District-Madhubani. It

further transpires from the counter affidavit filed by the District

Magistrate, Madhubani and sworn by the Circle Officer,

Pandaul that pursuant to the order passed in Jamabandi

Cancellation Case no. 52/2022-23, Jamabandi no.3800, in the Patna High Court CWJC No.5659 of 2019 dt.31-08-2023

name of one Dilip Kumar has been cancelled by the Additional

Collector, Madhubani. Further, directions have been issued for

taking steps by filing appropriate case before the Circle Officer

for removal of encroachment under the Bihar Public Land

Encroachment Act, 1956.

4. Having heard learned counsel for the parties and

having perused the material on record, especially the contents of

the counter affidavit filed on behalf of the respondents, the

Court finds that steps have been taken for removal of

encroachment and restoration of the land of the sugar mills after

making the same free from the encroachers.

5. Thus, in view of the facts and circumstances of the

case, no further orders are required to be passed, so far as this

Public Interest Litigation is concerned and the same is

dismissed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J)

avinash/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          04.09.2023
Transmission Date       N/A