Patna High Court
Amar Prakash Sharma vs The State Of Bihar on 21 June, 2024
Author: Harish Kumar
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10533 of 2023
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Amar Prakash Sharma Son of Late Ramswaroop Sharma, resident of Village -
Mussi, P.S. - Tekari, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar at Bihar Old
Secretariat, Patna.
2. The Additional Chief Secretary Revenue and Land Reforms Department,
Govt. of Bihar, Patna.
3. The Commissioner Magadh Division, Gaya.
4. The District Magistrate, Gaya.
5. The Land Reforms Deputy Collector, Tekari, District - Gaya.
6. The Circle Office, Tekari, Gaya.
7. The Senior Superintendent of Police, Gaya.
8. Anil Sharma, Son of Late Indradev Singh, resident of Village and Post -
Chichaura, P.S. - Konch, District- Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)
Date : 21-06-2024
The matter has been placed under the defective side.
2. Earlier vide order dated 03.08.2023, two weeks'
time was granted to the petitioner to remove the defects, but the
same has not been removed till date.
3. Today, when the matter was called out and then
kept aside and taken up for hearing, there is none to represent
Patna High Court CWJC No.10533 of 2023 dt.21-06-2024
the petitioner.
4. Learned Government Advocate is present.
5. The petitioner by invoking the jurisdiction of this
Court by way of a Public Interest Litigation seeks a direction
upon the respondents to hold an enquiry on his representation,
in relation to unauthorized encroachment of Government Aahar
(Chhotki Sita Aahar) at village Mussi, P.S.-Tekari, District Gaya
at the hands of respondent no.8.
6. Averments made in the writ petition suggest that
respondent no.8 established a rice mill over the Government
Aahar, which had been a source of public irrigation in the
adjacent area since long. The aforesaid fact of unauthorized
encroachment has also been brought to the knowledge of the
people's representative and representation has been filed before
the District Magistrate, Gaya, but to no avail, is also averred in
the petition.
7. Learned Advocate for the State submitted that the
petitioner has efficacious alternative remedy under the Bihar
Public Land Encroachment Act, 1956.
8. Considering the nature of the grievance, which
relates to removal of unauthorized encroachment over the
Government land, this Court finds no reason or occasion to
Patna High Court CWJC No.10533 of 2023 dt.21-06-2024
entertain the present writ petition. Certainly, by passing the
remedy under the law of the land, the petitioner has approached
this Court by filing this Public Interest Litigation, which in the
given facts and circumstances is without any merit.
9. Accordingly, the present writ petition stands
dismissed.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.06.2024
Transmission Date NA
