Ram Balak Singh vs The State Of Bihar
2023 Latest Caselaw 2223 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6110 of 2023
     ======================================================

Ram Balak Singh, Son of Late Pradip Singh, Resident of Village- Kanhaiya Chak, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2. Divisional Commissioner, Bhagalpur Division, Bhagalpur.

3. District Magistrate, Khagaria.

4. Sub-Divisional Officer, Gogari Sub-Division, Khagaria.

5. Circle Officer, Parbatta, District- Khagaria.

6. Block Development Officer, Parbatta Block, District- Khagaria.

7. Officer-in-charge, Parbatta Police Station, District- Khagaria.

8. Sri Binay Choudhary, Son of Late Balram Choudhary Resident of Village Kanhaiya Chak, P.S.- Parbatta, District- Khagaria.

9. Sri Amit Choudhary, Son of Sri Binay Choudhary Resident of Village Kanhaiya Chak, P.S.- Parbatta, District- Khagaria.

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

For the Petitioner/s : Mr. Shanti Pratap, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 09-05-2023

1. Heard learned counsel for the petitioner and

learned counsel for the State.

2. By way of the instant writ proceedings filed as a

Public Interest Litigation (PIL), petitioner is seeking directions

for removal of encroachments.

3. The petitioner has disclosed the details of the land, Patna High Court CWJC No.6110 of 2023 dt.09-05-2023

which is irrelevant having regard to the nature of order that we

propose to pass in the instant proceedings.

4. The Bihar Public Land Encroachment Act, 1956

(hereinafter referred to as "the Act") provides remedy for

removal of encroachment from public lands. Section 4 of the

Act allows an opportunity to the noticee (petitioner) to raise any

defense which they could have raised if they were defendants in

a properly framed suit for removal of encroachment. The Act

also provides an opportunity of hearing under Section 5; as well

as the consequences of non-appearance in the proceedings.

5. It is only after observing the above procedure that

final order is to be passed by the Collector under Section 6 of

the Act, either dropping the proceedings or passing orders for

ensuring removal of encroachment, damages or otherwise. The

order of the Collector for removing encroachment is also subject

to appeal under Section 11 of the Act. Section 13 of the Act also

provides an opportunity of review in case of any mistake or

error in the course of any proceedings.

6. The issue raised by the petitioner is essentially an

issue falling within the scope and ambit of the Act. The writ

petition, by way of a PIL, therefore, in the opinion of the Court,

is misconceived. If the instant case were to be entertained as a Patna High Court CWJC No.6110 of 2023 dt.09-05-2023

PIL, then all issues of encroachment would be required to be

dealt with by this Court as a PIL.

7. We find that no public interest concerning any

marginalised/weaker/inarticulate section of society having been

espoused in the instant writ proceedings, so as to allow the

petitioner to bypass the statutory remedy whereby and

whereunder the alleged encroachers of the public lands would

be dealt with in a fair procedure, and leave it open for the

petitioner to pursue remedy in accordance with law.

8. The writ petition is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.05.2023
Transmission Date       NA