Birjay Paswan vs The State Of Bihar
2023 Latest Caselaw 4214 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA

                   Civil Writ Jurisdiction Case No.12342 of 2023
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Birjay Paswan, Son of Late Bhondhu Paswan, Resident of Mohalla- Paharpura, P.S.- Bihar Sharif, P.O.- Bihar Sharif, District- Nalanda.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, District- Patna.

3. The Commissioner, Patna Division, District- Patna.

4. The Collector, Nalanda at Bihar Sharif, District- Nalanda at Bihar Sharif.

5. The Sub Divisional Officer, Bihar Sharif, District- Nalanda at Bihar Sharif.

6. The Circle Officer, Bihar Sharif, District- Nalanda at Bihar Sharif.

7. Parmanand Prasad, Son of Late Baldeo Prasad Resident of Mohalla-

Paharpura, P.S.- Bihar Sharif, P.O.- Bihar Sharif, District- Nalanda.

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

For the Petitioner/s : Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s : Mr. Md. Nadim Seraj (GP-5) ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-09-2023

1. The petitioner in the above writ petition seeks

restoration of a water body, which is now lying as Khata No.

247, Plot No. 01, Thana No. 98, Mauja Hujurpur, Mehnaur,

having an area of 2 acre 24 decimal. An encroachment case is Patna High Court CWJC No.12342 of 2023 dt.01-09-2023

also said to have been filed as Encroachment Case No.

5/2016-17.

2. It is stated that on 18.05.2016 the encroachment

was brought to the notice of the Circle Officer, Anchal- Bihar

Sharif, District- Nalanda, who addressed the SHO, Bihar to

stop the construction over the subject land. It is also stated

that the said land was lying as a water body in the nature of a

river, over which a pucca house and boundary wall has been

constructed by the 7th respondent. The villagers, including the

petitioner, are said to have made representations before the

District Magistrate, Nalanda and the Commissioner, Patna

Division, Patna.

3. Admittedly, there is an Encroachment Case filed

as Case No. 5/2016-17 under the Bihar Public Land

Encroachment Act, 1956, wherein the 7 th respondent has also

appeared. It is vehemently argued by the learned counsel for

the petitioner that there is undue delay.

4. In any event, a Public Interest Litigation cannot

be filed to call upon the statutory authority to expeditiously

dispose of a case filed before it. The Public Interest Litigation

filed is misplaced and we find no reason to invoke our

extraordinary jurisdiction to interfere in the matter.

Patna High Court CWJC No.12342 of 2023 dt.01-09-2023

5. The writ petition is dismissed.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          06.09.2023
Transmission Date