Patna High Court
Sri Ram Singh Kushwaha And Anr vs The State Of Bihar And Ors on 13 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15708 of 2014
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1. Sri Ram Singh Kushwaha and Anr Son of Late Gorakh Nath Singh Resident
of Village - Sripur, P.S. Ayar District - Bhojpur at present residing at Zero
Mile, Ara, P.O. Bholshi, P.S. Udwant Nagar, District - Bhojpur.
2. Sunil Kumar Singh Son of Sri Jyoti Prasad Singh resident of Zero Mile, Ara,
P.S. Udwant Nagar, District - Ara.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar,
Patna.
3. District Magistrate at Ara.
4. Sub-Divisional Officer, Ara.
5. Deputy Collector Land Reforms, Ara.
6. Circle Officer Udwant Nagar, P.S. and District - Bhojpur at Ara.
7. Superintendent of Police, Ara.
8. Sub Divisional Police Officer, Ara.
9. O/C P.S. Udwantnagar, District - Ara.
10. O/C Nawadah, Ara, District - Bhojpur at Ara.
11. Jyoti Narain Acharya Pujari Radha Krishna Mandir Trinmundi Dham , Zero
Mile Ara, P.S. Udwant Nagar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For private respondent : Mr.Gopal Govind Mishra, Advocate
For the State : Mr.Vishwambhar Prasad, A.C. to AAG-5
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 13-02-2025
Heard learned counsel for the petitioner, learned
counsel for the private respondents and learned counsel for the
State.
Patna High Court CWJC No.15708 of 2014 dt.13-02-2025
2. The present writ application has been filed for a
direction to the respondents to remove the encroachment made by
respondent No.10 over the land in question.
3. Learned counsel for respondent No.11 has filed a
counter affidavit stating therein that the authority has passed the
order on 10.11.2012 against the respondent No.11 and respondent
No.11 has challenged the same in CWJC No.5269 of 2013 which
was disposed of with liberty to private respondent No.11 to file an
appeal before the Appellate Authority under the law. The private
respondent No.11 has preferred an appeal before the Division
Bench of this Hon'ble Court bearing LPA No.416 of 2016 and the
same was disposed of by order dated 04.04.2017, operating part of
the order dated 04.04.2017, which is being reproduced
hereinbelow:
"The question as to whether the dispute was a
case of settlement of land or a case of
encroachment could be decided more
appropriately by the appellate authority and if
taking note of the aforesaid, the Writ Court has
relegated the petitioner to take recourse to the
statutory remedy available of filing an appeal,
we see no error in the same warranting
Patna High Court CWJC No.15708 of 2014 dt.13-02-2025
interference. The Appeal is, therefore,
dismissed."
4. Learned counsel for the respondent No.11 submits
that pursuant to the order of the Division Bench of this Hon'ble
Court the matter is pending before the Bihar Land Tribunal in
BLT Case No.61 of 2020 and the petitioner No.2 has appeared in
the proceeding and filed their respective reply and the said case is
still pending for consideration before the learned Bihar Land
Tribunal.
5. In view of the aforesaid, it appears that two
proceedings can not run for the same cause of action and pursuant
to the direction passed by the LPA Bench, the matter is still sub
judice before the competent court (Bihar Land Tribunal) and the
petitioners have already appeared and filed their respective show
cause reply in the proceeding.
6. In view of the aforesaid, this writ application stands
disposed of.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.02.2025
Transmission Date NA
