Patna High Court
Rakesh Kumar vs The State Of Bihar on 16 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7283 of 2023
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Rakesh Kumar, Son of Surendra Prasad Singh, Resident of Village-Miyan
Bigha, Kahuara, P.S.-Nardiganj, District-Nawada (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Govt. of Bihar, Patna.
2. The Collector, Nawada.
3. The Additional Collector, Nawada.
4. The Sub-Divisional Officer, Nawada (Sadar), Nawada.
5. The Circle Officer, Nardiganj, Nawada.
6. Ram Sagar Singh Son of Late Mahavir Singh Resident of Village-Miyan
Bigha, P.S.-Nardiganj, District-Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Md. Nadim Seraj (GP-5)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 16-05-2023
1. None appears on behalf of the petitioner.
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,
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
Patna High Court CWJC No.7283 of 2023 dt.16-05-2023
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
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
Patna High Court CWJC No.7283 of 2023 dt.16-05-2023
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. In the instant case an additional fact, based on
submission of learned State Counsel in today's proceedings, is
that proceedings under the Act have already been initiated and
Encroachment Case No. 07/2022-23 has been instituted.
Referring to the Annexure-5 of the writ petition, learned State
counsel submits that notices have also been issued in the
encroachment case.
9. We do not want to comment any further on merits
of the petitioner's claim, as the issue is required to be considered
in the encroachment case proceedings by the appropriate
authority in accordance with law.
10. The writ petition is dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
SUMIT/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.05.2023
Transmission Date NA
