Ram Pukar Yadav vs The State Of Bihar
2023 Latest Caselaw 3375 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.554 of 2022
                                           In
                   Civil Writ Jurisdiction Case No.10729 of 2017
     ======================================================

1. Ram Pukar Yadav S/o Late Babujee Mandal @ Babujee Yadav, Resident of Village and Post Chandaur, P.S. Saur Bazar, District- Saharsa.

2. Bijendra Yadav S/o Late Babujee Mandal @ Babujee Yadav, Resident of Village and Post Chandaur, P.S. Saur Bazar, District- Saharsa.

3. Surendra Yadav S/o Late Babujee Mandal @ Babujee Yadav, Resident of Village and Post Chandaur, P.S. Saur Bazar, District- Saharsa.

4. Kamal Kishore @ Kamal Yadav S/o Late Babujee Mandal @ Babujee Yadav, Resident of Village and Post Chandaur, P.S. Saur Bazar, District- Saharsa.

... ... Appellant/s Versus

1. The State of Bihar through its Secretary, Department of Revenue, Bihar, Patna.

2. The Collector-Cum-District Magistrate, Saharsa.

3. The Additional Collector, Saharsa.

4. The Circle Officer, Block Saur Bazar, District- Saharsa.

5. Shiv Kumar @ Shiv Kumar Yadav S/o Late Choota Lal Prasad Yadav, Resident of Village and P.O. Shaban Tola, Chandaur, Block Saur Bazar, District- Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : M/s Pushkar Narain Shahi, Sr. Advocate Shashank Shekhar Jha, Advocate For the State : Mr. Md. Khurshid Alam ( AAG 12 ) Mr. Asif Kalim, AC to AAG 12 For the Respondent No.5: M/s Daronacharya, Sr. Advocate Subesh Sharma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-07-2023

1. Though we are not happy with the manner in

which only one writ petition was filed from a common order in

two writ petitions, we are inclined to dispose of the matter Patna High Court L.P.A No.554 of 2022 dt.31-07-2023

considering the facts arising therefrom and the parties being

identical.

2. The parties are referred to from the appeal. The

appellants are persons who claimed to have an interest in Khata

No. 3312, Khesra No. 15405, area 65 decimals which interest

was crystalized by Annexure 2 order dated 2.9.1991. The party

respondent herein filed an encroachment case before the

authorities under the Bihar Public Land Encroachment Act,

which was numbered as Encroachment Case No. 36 of 2012-13.

In fact the specific contention of the appellants was that they

have obtained Jamabandi as early as in 1991. The appellants

approached this Court by C.W.J.C. No. 10729 of 2017 wherein

there was a stay. The respondent filed another writ petition

numbered as C.W.J.C. No. 4302 of 2016, seeking a direction to

proceed with the encroachment case.

3. The learned Single Judge heard both the cases

and vacated the stay order in C.W.J.C. No. 10729 of 2017

directing the appellants herein to file appropriate show cause

replies / objections within a period of four weeks from today in

Encroachment Case No. 36 of 2012-13. Status quo was also

directed to be maintained for a period of 16 weeks and

consequential action was directed to be in accordance with the Patna High Court L.P.A No.554 of 2022 dt.31-07-2023

final order passed under the Bihar Public Land Encroachment Act.

4. The appellants submit that the Additional

Collector had disturbed the Jamabandi issued in 1991 by an

order dated 6.6.2017 which is produced as Annexure 5 of the

writ petition. An appeal filed before the District Collector was

rejected and a revision is now pending before the

Commissioner.

5. Considering the overall circumstances also

considering the fact that the appellants Jamabandi is dated as far

back as in 1991 and State having initiated the suo moto

proceedings by the Additional Collector after 25 years in the

year 2011, we are inclined to stay the encroachment case till the

question of Jamabandi; its sustainability or validity of

cancellation, is considered and finalized. We hence direct the

encroachment case to be kept in abeyance till the Commissioner

deals with the matter and enters a final finding. If the

Commissioner's finding is prejudicial to the appellants,

necessarily the appellants would be entitled to take a further

remedy in which the appellants would also be entitled to seek

for stay of the proceeding of the encroachment case.

5. The appeal stands disposed of.

6. We make it very clear that we have not observed Patna High Court L.P.A No.554 of 2022 dt.31-07-2023

anything on the merits of the matter or even as to whether the

title can be decided in a summary manner.

                                              (K. Vinod Chandran, CJ)


                                                    ( Partha Sarthy, J)
Spd/-Shiv
AFR/NAFR
CAV DATE                N/A
Uploading Date          03.08.2023
Transmission Date       N/A