Patna High Court
Santosh Kumar vs The Union Of India on 5 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3744 of 2023
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Santosh Kumar Son of Sri Durga Thakur Resident of Village and P.O. Roop
Chhapra, P.S. Sahebganj, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The Union of India through the Ministry of Railways, Government of India,
New Delhi.
2. The General Manager East Central Railway, Hajipur.
3. The Divisional Rail Manager (Engineering), East Central Railway, Sonepur.
4. The Divisional Engineer (Headquarter), East Central Railway, Sonepur.
5. The Assistant Divisional Engineer, South, East Central Railway,
Muzaffarpur.
6. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
7. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
8. The Divisional Commissioner, Tirhut Division, Muzaffarpur
9. The District Magistrate-Cum-Collector, Muzaffarpur District-Muzaffarpur.
10. The Additional Collector, Muzaffarpur District-Muzaffarpur.
11. The Sub-Divisional Public Complaint Redressal Officer, Muzaffarpur
District-Muzaffarpur.
12. The Circle Officer, Mushahari, District-Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Respondent/s : Mr. Krishna Nandan Singh, Sr. Advocate (ASGI)
Mr. Ravindra Kumar Sharma, C.G.C.
Mr. Devansh Shankar Singh, JC to ASG
Mr. Sri Ram Krishna, JC to ASG
For the State : Mr. Kinkar Kumar, SC-9
: Mr. Ashutosh Kumar Upadhayay, AC to SC-9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJIV ROY)
Date : 05-05-2023
Heard learned counsel for the parties.
2. The present Public Interest Litigation has been
Patna High Court CWJC No.3744 of 2023 dt.05-05-2023
preferred by the petitioner for the following reliefs :
(I) for directing the respondent authorities to
remove the encroachment over the land of Railways in between
Gumti No.6 to Gumti No.7 [bearing Khesra No.733 pertaining
to Khata No.690 measuring an area 148 decimals situated in
Mauza- Khabra, and Khesra Nos. 1283, 1287, 609 (K) and
609(Kha) pertaining to Khata No.613 situated in Mauza-
Nagarpalika Anchal- Mushahari, District - Muzaffarpur]
illegally occupied by the anti-social elements on the ground that
the same belongs to the Indian Railways as recorded in the
Khatiyan;
(II) for directing the respondent authorities to fence
the land in question of the Railways after removing the
encroachment so that in future no one could encroach the said
land;
(III) for the issuance of any other appropriate
writ/writs/order/orders, direction/directions for which the writ
petitioner shall be found entitled to under the particular facts
and the circumstances of the case.
3. Learned counsel for the petitioner submits that he
is a social worker and is perturbed after having found the land
in between Gumti No.7 [bearing Khesra No.733 pertaining to
Patna High Court CWJC No.3744 of 2023 dt.05-05-2023
Khata No.690 measuring an area 148 decimals situated in
Mauza- Khabra, and Khesra Nos. 1283, 1287, 609 (K) and
609(Kha) pertaining to Khata No.613 situated in Mauza-
Nagarpalika Anchal- Mushahari, District - Muzaffarpur] being
encroached by the anti-social elements who have also
constructed more than 100 houses over it.
4. He further submits that one Prashant Kumar
Priyadarshi had sought information under Right to Information
Act, 2005 from the Public Information Officer, East Central,
Railways, Muzuffarpur (hereinafter for short 'the Railways')
regarding the status of the said land in question.
5. In response, 'the Railways' authorities provided
information that :-
(i) for the present, they do not have any plan to
develop Ram Dayalu Nagar Station;
(ii) some huts had earlier come up which were
removed and they will be further taking steps for its removal
after getting a Magistrate deputed by the State Govertnment
(Annexure-P-2 to the writ petition).
6. After hearing the parties and perusing the records,
it is clear that the land in question belongs to the Indian
Railways, they are conscious about some encroachment that has
Patna High Court CWJC No.3744 of 2023 dt.05-05-2023
come over it and in response to the Right to Information have
further replied that they will be taking steps for removal of
encroachment after getting a Magistrate deputed by the State
Government.
7. In the aforesaid background, we do not find it fit
and proper to pass any appropriate order/direction. The Indian
Railways itself being a mighty organization, it does not need the
crutches of the petitioner herein to get the encroachment over its
land removed as it is capable of doing so on its own.
8. This case does not come in the category of Public
Interest Litigation, is misconceived and fit to be dismissed.
9. Accordingly, the writ petition stands dismissed.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
Jagdish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 10.05.2023
Transmission Date 10.05.2023
