Bihari Mandal vs The State Of Bihar
2023 Latest Caselaw 5964 Patna

Patna High Court

Bihari Mandal vs The State Of Bihar on 11 December, 2023

Author: Purnendu Singh

Bench: Purnendu Singh

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7110 of 2023
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     Bihari Mandal S/o Asharfi Mandal Resident of Mohalla Purabsarai, Refugee
     Colony Road, P.S. Kotwali, District Munger.
                                                              ... ... Petitioner/s
                                        Versus
1.    The State of Bihar Through Collector, Munger.
2.   The Collector, Munger.
3.   The Municipal Commissioner, Municipal Corporation, Munger.
4.   The Additional Collector, Public Grievance, Purnea.
5.   The Sub Divisional Officer, Munger.
6.   The Circle Officer, Sadar, Munger.
7.    Ravishankar Prasad Son of Late Shiv Shankar Prasad, Resident of Mohalla
      Munger Railway Station Kotwali, P.O Munger, District Munger.
                                                            ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Harshwardhan Sahay, Advocate.
     For the State          :         Mr. Raj Kishore Roy, GP-18.
     For the Municipal Corporation:   Mr. K. N. Sahay, Advocate.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                       ORAL JUDGMENT

Date : 11-12-2023 Heard Mr. Harshwardhan Sahay, learned counsel

appearing on behalf of the petitioner; Mr. Raj Kishore Roy,

learned GP-18 for the State and Mr. K. N. Sahay, learned

counsel for the Municipal Corporation.

2. The petitioner has filed the writ petition for the

following reliefs:

"i. For a direction to respondent to construct the tea stall and two residential rooms Khesra no.5559 (detailed in Paragraph 4 of this application) as the same has been demolished by respondents.

ii. For a direction to respondents to give due compensation for demolishing the tea stall and residential room of the petitioner."

3. Learned counsel appearing on behalf of the

petitioner submits that the Collector, Munger has informed the

Municipal Commissioner, Munger to take action with respect to Patna High Court CWJC No.7110 of 2023 dt.11-12-2023

an application made by a public that certain government land

has been encroached and thereafter the Municipal

Commissioner issued notice to the petitioner and same is the

subject matter of challenge that Khesra No.5559 is owned by

the petitioner.

4. Learned counsel appearing on behalf of the State

objected the same and submitted that the petitioner has remedy

under the provisions of Bihar Public Land Encroachment Act,

1956 and he may avail the remedy before the Commissioner in

accordance with law.

5. The petitioner may make application before the

Commissioner for getting the land which he claims his private

land for adjudication of the case so that his right may not be

defeated.

6. The Municipal Commissioner must make

himself aware that the remedy of the petitioner before him is an

efficacious remedy and he is required to pass necessary order

expeditiously by condoning the delay, if any, and time taken

before this Court.

7. The writ petition accordingly stands disposed of.

(Purnendu Singh, J) mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          13.12.2023
Transmission Date       N.A.