Patna High Court
Rajeshwar Paswan vs The State Of Bihar on 12 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16132 of 2023
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Rajeshwar Paswan Son of Late Mahabal Paswan, Resident of Village-
Bajpura, Post and P.S.- Belaganj, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Gaya.
2. The Circle Officer, Belaganj, Gaya.
3. The Block Development Officer, Belaganj, Gaya.
4. Keshari Nandan Singh, Son of Late Janak Singh, Resident of Mohalla- Front
of IMA Road (IMA Hall) near Biskar Talaw, Office of District Education
Officer, Sadar Gaya, District- Gaya- Pin Code- 823001, Mob No.
7004803220.
5. Anil Kumar Singh, Son of Late Janak Singh, Resident of Mohalla- Front of
IMA Road (IMA Hall) near Biskar Talaw, Office of District Education
Officer, Sadar Gaya, District- Gaya- Pin Code- 823001, Mob No.
7004803220.
6. Anjani Kumar, Son of Late Janak Singh, Resident of Mohalla- Front of IMA
Road (IMA Hall) near Biskar Talaw, Office of District Education Officer,
Sadar Gaya, District- Gaya- Pin Code- 823001, Mob No. 7004803220.
7. Jitendra Kumar Singh, Son of Keshri Nandan Singh, Resident of Mohalla-
Front of IMA Road (IMA Hall) near Biskar Talaw, Office of District
Education Officer, Sadar Gaya, District- Gaya- Pin Code- 823001, Mob No.
7004803220.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nagendra Sharma, Advocate
For the Respondent/s : Mr. Sajid Salim Khan (SC-25)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-01-2024
The petitioner by the above Public Interest Litigation
seeks to raise the issue of encroachment upon the Sarv Sadharan
Anabad Bihar Sarkar where Devi Astal and Kachahari Bhawan
are said to be situated. The land is said to be situated just near
Patna High Court CWJC No.16132 of 2023 dt.12-01-2024
the Belaganj Railway Station, Village- Bajpura, P.O. and P.S.-
Belaganj, District- Gaya and pertains to Khata No. 106, Plot No.
96 to 103. The petitioner seeks to relieve the land of the
encroachment. At the outset, it has to be observed that for
removal of encroachment there is an enactment in the State
enabling any person to approach the constituted authority;
which is the Bihar Public Land Encroachment Act, 1956.
2. The Government has filed a counter affidavit,
wherein they have spoken of the specific plots on which
encroachment is claimed. Alleged Plot No. 96 and 100 are
raiyati lands which cannot be a subject matter of land
encroachment case. Private individuals are in possession and
ownership of the same, Plot No. 97 is Dev Asthal and Plot No.
99 is a pathway wherein there is no encroachment. Plot No. 98
and 102 stands recorded as Anabad Sarv Sadharan, whereas Plot
No. 103 stands recorded in the name of Bihar Sarkar. However,
Plot Nos. 98, 102 and 103 are covered by a decree of title
passed by the Munsiff III, Gaya under Title Suit No. 48 of 1983.
Based on this, DCLR Sadar Gaya has fixed the rent vide order
dated 16.02.2006, in Rent Fixation Case No. 04 of 2005-06.
Rent receipts are also produced.
3. Considering the averments in the counter affidavit,
Patna High Court CWJC No.16132 of 2023 dt.12-01-2024
we are of the opinion that absolutely no case is made out by the
writ petitioner and in any event Public Interest Litigation cannot
be entertained for encroachment of lands.
4. The writ petition stands dismissed, however, with
the observation that we have not examined the title of the land,
as spoken of in the counter affidavit. There is no approval of the
decree passed by the Munsiff, in this proceeding. We have
noticed the same only to find no grounds to entertain a Public
Interest Litigation for the reliefs claimed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 15.01.2024
Transmission Date
