Man Mohan Singh vs The State Of Bihar
2023 Latest Caselaw 5066 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.7592 of 2023
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Man Mohan Singh, Son of Late Jagniwas Prasad Singh, Resident of Kharhari Kothi, Nawada Road, Near Mahavir Mandir, Lakhibag More, P.S.- Manpur, Block- Manpur, District- Gaya.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Environment and Forest Department, Government of Bihar, Patna.

3. The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

4. The Director, Land Acquisition Department, Government of Bihar, Patna.

5. The Conservator of Forest, Gaya.

6. The District Magistrate, Gaya.

7. The District Land Acquisition Officer, Gaya.

8. The Divisional Forest Officer, Gaya Forest Division, Gaya.

9. The Circle Officer, Manpur, Gaya.

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 05-10-2023

Heard Mr. Krishna Kant Singh, learned counsel

appearing on behalf of the petitioner and Mr. Raj Kishore Roy,

learned GP-18.

2. The petitioner has preferred the present writ

application seeking quashing of the notice, as contained in letter

no. 1369 dated 20.03.2023, issued under the signature of the

Divisional Forest Officer, Forest Division, Gaya, whereby the

petitioner and others have been given notice under Section 3 of Patna High Court CWJC No.7592 of 2023 dt.05-10-2023

the Bihar Public Land Encroachment Act, 1956 by virtue of the

power conferred under Section 66A of the Indian Forest Act. It

is further submitted that during the pendency of the present writ

application, the respondent no.8 has passed the final order on

01.08.2023 and thus the same has also been assailed in filing

interlocutory application, bearing I.A. No. 1 of 2023. He further

prays to hold and declare the initiation of encroachment

proceeding under Section 3 of the Bihar Public Land

Encroachment Act, 1956 by the Divisional Forest Officer, Forest

Division, Gaya, by virtue of the power conferred under Section

66A of the Indian Forest Act, apertaining to the land bearing

Plot no. 216, area 18 acres, situated at village- Kharhari, P.S.-

Mufassil, District- Gaya illegal, as the same has been initiated

without examining the status of the petitioners, who are the

rightful owner of the land, in question.

3. While assailing the impugned order, it is

submitted on behalf of the petitioner that the land, in question,

under notice was recorded in the name of Chandrika Prasad

Singh, son of Babu Raj Karan Singh, who had settled the same

to his wife Brahmjyot Kuar and the petitioner is the grandson of

late Chandrika Prasad Singh. He further submits that at the time

of abolition of Jamabandi, the father of the petitioner and other Patna High Court CWJC No.7592 of 2023 dt.05-10-2023

descendant came in peaceful possession of the land, in question,

and later on Jamabandi was also created in favour of Janardan

Prasad Singh, one of the son of Chandrika Prasad Singh. He

next submitted that with respect to the same land, a dispute has

arisen, for which a case under Section 106 of the Bihar Tenancy

Act (herienafter referred to as 'the B.T. Act') was also instituted

bearing Case No. 68/79 and 69/79, which were also decided in

favour of the petitioner vide order dated 16.08.2002. On being

aggrieved, the Forest Department filed Revision Case No. 863

of 2002, which came to be dismissed vide order dated

27.06.2008 and thus the order passed under Section 106 of the

B.T. Act has become final between the petitioner and the Forest

Department.

4. On this backdrop, learned counsel for the

petitioner submits that despite having valid right, title, interest

and possession over the land, in question, the respondent no.8

has initiated a proceeding under Section 3 of the Bihar Public

Land Encroachment Act, 1956, which is per se illegal and

without jurisdiction as the same has been initiated without

verification of the status of the petitioner.

5. At this stage, learned counsel for the State

submitted that since the final order has already been passed, Patna High Court CWJC No.7592 of 2023 dt.05-10-2023

amenable to statutory appeal, thus the petitioner has efficacious

alternative remedy under Section 11 of the Bihar Public Land

Encroachment Act, 1956 before the Collector and, as such, the

petitioner may be directed to avail the remedy, as provided

under the law.

6. Considering the materials available on record

and the submissions advanced on behalf of the parties, as also

taking note of the principle of exhaustion of alternative remedy,

which mandate the petitioner to avail of other statutory remedies

before seeking a remedy under Article 226 of the Constitution of

India, the present writ application stands disposed of with

liberty to the petitioner to assail the order dated 01.08.2023 by

preferring an appropriate appeal before the respondent no.6 (the

District Magistrate, Gaya) preferably within a period of two

weeks from today.

7. It is made clear that the petitioner shall also be at

liberty to produce all the documents showing his ownership

over the land before the respondent no.6, who would be under

obligation to consider the same and pass necessary reasoned and

speaking order preferably within a period of eight weeks from

the date of filing of appeal.

8. Till final order in appeal, there shall be no Patna High Court CWJC No.7592 of 2023 dt.05-10-2023

coercive action against the petitioner in furtherance of order

dated 01.08.2023.

(Harish Kumar, J)

uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.10.2023
Transmission Date       NA