Patna High Court
Pushplata Kumari 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.13545 of 2023
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Pushplata Kumari D/o Surya Kumar Paswan , W/o Pankaj Kumar Paswan,
Permanent R/o Mohalla-Topkhana Bazar, Katghar, Monghyr, P.S. Kotwali,
District-Munger, and Presently R/o Mohalla-Santnagar, P.S.-Barari, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road,
Patna.
2. The Collector-Cum-District Magistrate, Bhagalpur.
3. The Municipal Commissioner, Bhagalpur.
4. The Nagar Prabandhak, Bhagalpur Municipal Corporation, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For respondent no.3 : Mr. Manish Kumar, Advocate
For the State : Mr. Raj Kishore Roy ( Gp 18 )
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 11-12-2023
Heard Mr. Ravish Mishra, learned counsel
appearing on behalf of the petitioner; Mr. Manish Kumar,
learned counsel appearing on behalf of the respondent no. 3 and
Mr. Raj Kishore Roy, learned GP-18 for the State.
2. Petitioners are aggrieved by notice date
04.09.2023
(Annexure '3'), which relates to removal of the
encroachment of certain structure standing on plot nos.192 and
193.
3. Learned counsel appearing on behalf of the
Municipal Corporation submitted that the notice has been issued
Patna High Court CWJC No.13545 of 2023 dt.11-12-2023
by the Municipal Corporation for removal of the structure on
those plots.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are not concerned with
Plot Nos.192 and 193 rather their house is still existing on Plot
No.190.
5. On perusal of the revenue record, it appears that the
said land is recorded as the public road, which is evident from
Register -I of the revenue record. The District Magistrate,
Bhagalpur is directed to call for all the records relating to Plot
Nos. 192 and 193 and verify the same from the original records
as to whether the land appertaining to plot nos. 192 and 193 are
public road and after notification, they became part of
municipal area.
6. It is well settled that the public land recorded in the
cadestral survey as public road/lane shall remain as public
road/lane for the convenience of the people of the locality for
ever.
7. No right can be created to the petitioners on the
basis of notices issued to them, which have been impugned in
the present writ petition by the petitioners. The Circle Officer,
who is present in the Court, in future, must be careful/cautious
Patna High Court CWJC No.13545 of 2023 dt.11-12-2023
in issuing such frivolous notices to the adjoining dwellers of the
area, particularly in the present case, in spite of knowing the fact
that lands pertaining to Khesra No.192 and 193 are recorded as
municipality land and by issuing notices under influence he has
tried to favour the petitioners, when the petitioners have
admitted before this Court that they are the rightful owner of
plot no.190.
8. The Circle Officer and the Amin must ensure to be
present before the Collector, Bhagalpur along with the records
so that the Collector can submit his findings before the
Municipal Commissioner.
9. With the above observation/direction, the present
writ petition is disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 13.12.2023
Transmission Date N/A
