Neeraj Kumar vs State Of Bihar
2023 Latest Caselaw 5874 Patna

Patna High Court

Neeraj Kumar vs State Of Bihar on 6 December, 2023

Bench: Chief Justice, Rajiv Roy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.15765 of 2023
     ======================================================
     Neeraj Kumar, s/o Ratneshwar Prasad, R/o Village-Bahadurpur, P.S.-
     Govindganj, District-East Champaran, Bihar.

                                                         ... ... Petitioner/s
                                    Versus
1.   State of Bihar through the Secretary, Land and Revenue Department,
     Government of Bihar, Patna.
2.   The District Magistrate, East Champaran at Motihari.
3.   Circle Offier, Areraj, East Champaran
4.   Vinay Kumar Verma @ Chutan Prasad, S/o Baliram Prasad, R/o Village-
     Bahadurpur, P.S.-Govindganj, District-East Champaran, Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Prakash Chandra, Advocate
     For the Respondent/s   :     Mr. Kinkar Kumar (SC-9)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE RAJIV ROY
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-12-2023

The petitioner is aggrieved with the encroachment on

public land bearing Khata no.27, Keshra Nos.1522 and 1526

situated at Mauza-Bahadurpur, P.S.-Govindganj, District-East

Champaran, Bihar. It is claimed in the writ petition in the first

paragraph itself that the private respondents have encroached

the pubic land bearing Khesra No.1522 by constructing a pakka

makan (permanent construction) and on half portion of the said

Khesra, the petitioner has constructed bathroom and also

encroached the said Khesra by collecting the bricks.

Patna High Court CWJC No.15765 of 2023 dt.06-12-2023

2. The learned Government Advocate, on instructions,

submits that already Encroachment Case No.13 of 2023-24 has

been initiated under the Bihar Public Land Encroachment Act,

1956.

3. In such circumstance, we find absolutely no reason

to entertain the pubic interest litigation and the writ petition

would stand dismissed leaving open the cause to be agitated in

the Encroachment Case.

(K. Vinod Chandran, CJ)

(Rajiv Roy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          07.12.2023
Transmission Date