Brajesh Kumar vs The State Of Bihar
2023 Latest Caselaw 2679 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8782 of 2023
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Brajesh Kumar, S/o Haridwar Sharma, Resident of Village-Kutlupur, House No. 51, P.S. Alipur, District-Gaya, at present Kharkhura, Tulsi Colony, House No. 1003, Ward No. 3, P.s. Delha, District-Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary Urban Development and Housing Patna.

2. District Magistrate, Gaya.

3. Commissioner Gaya Municipal Corporation, Gaya.

4. Sr. S.P. Gaya Police, Gaya.

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

For the Petitioner/s : Mr.Kameshwar Singh, Advocate For the Respondent/s : Mr.Md. Khurshid Alam (AAG-12) Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-06-2023

The instant writ application is filed seeking a direction

to the respondent authorities to remove an encroachment from a

land, more fully described in the memorandum, gifted by one

individual to the State of Bihar. It is very pertinent that despite

the removal of encroachment sought for and the averment that

the appropriate respondent authorities are not taking any steps

against the encroacher, neither the encroacher has been named

in the writ petition nor impleaded in the party array. The gift

asserted is seen from Annexure-1 and if it is valid and accepted Patna High Court CWJC No.8782 of 2023 dt.24-06-2023

by the State, it is for the State to take appropriate action for

removal of encroachment, if any. Even the petitioner, a public

spirited person, could proceed under the Bihar Public Land

Encroachment Act, 1956. It is not for this Court in a Public

Interest Litigation to look into conflicting claims of title or

possession and find an encroahment and direct its removal.

Neither could the Revenue authorities be directed to

peremptorily remove such encroachments without hearing the

encroachers and without adjudicating upon their claims of title

and possession. When such adjudication is provided under a

definite statute, even a public spirited person should avail of

such remedies and not approach this Court with a Public Interest

Litigation, that too without impleading the affected party.

The writ petition stands dismissed in limine.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 28.06.2023 Transmission Date