Mukesh Chaubey vs The State Of Bihar
2023 Latest Caselaw 2463 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7358 of 2023
     ======================================================

Mukesh Chaubey, Son of Shri Rambriksh Chaubey, Resident of Village- Karuna, Panchayat Malahi, P.S. Sursand, District Sitamarhi, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary Land Reforms, Government of Bihar, Patna.

3. The District Collector, Sitamarhi.

4. The Additional Collector, Sitamarhi.

5. The Circle Officer, Sursand, Distirct-Sitamarhi.

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

For the Petitioner/s : Mr. Arun Kumar Satyamurti, Advocate For the Respondent/s : Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 17-05-2023

1. Heard learned counsel for the petitioner and

learned counsel for the State.

2. The instant writ application has been filed as a

Public Interest Litigation (PIL) for removal of encroachments

from a land, details of which have been give, but are not

necessary in view of the nature of order that we propose to pass.

3. It is admitted case of the petitioner that an

Encroachment Case No. 3 of 2022-23 has been instituted on the

applications filed by the petitioner.

4. From the pleadings available on record, it is Patna High Court CWJC No.7358 of 2023 dt.17-05-2023

apparent that rather than pursuing the encroachment case under

the Bihar Public Land Encroachment Act, 1956 (hereinafter

referred to as "Act"), the petitioner has resorted to remedies

under the Bihar Right to Public Grievance Redressal Act, 2015.

5. Having done so, the petitioner has filed the instant

writ proceedings as a Public Interest Litigation.

6. Since the Authority under the Act has already

instituted an encroachment case, the issue raised by the

petitioner is falling within the scope and ambit of the Act and

resort to the instant writ proceedings by way of a PIL, in the

opinion of this Court, is misconceived. It is only after observing

the procedure as per the Act in the encroachment case that final

order is to be passed by the Collector, either dropping the

proceedings or passing order for ensuring removal of

encroachment, damages or otherwise.

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.

Patna High Court CWJC No.7358 of 2023 dt.17-05-2023

8. The writ petition is dismissed.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J) shashank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.05.2023
Transmission Date       NA