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Patna High CourtCWJC/2147/2023dismissed

Arjun Ram v. The State Of Bihar

2023-02-13Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2147 of 2023 ====================================================== Arjun Ram Son of Late Nagina Ram, Resident of Village- Kathatar, PostSikrol, District- Buxar. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Land Reform Department, Bihar, Sachivalya, Patna. 3.

The Commissioner, Patna Division, Patna.

4.

The District Collector, Buxar.

5.

The Sub-Divisional Officer, Buxar.

6.

The Circle Officer, Block- Chausa, District- Buxar. 7.

The Incharge of Police Station Chausa, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Respondent/s :

Mr.Ajay (GA 5) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 13-02-2023 The present writ application has been filed in the nature of public interest litigation seeking direction to the respondent State of Bihar to remove encroachment caused upon a public land.

From the pleading on record as well as the submission advanced on behalf of the petitioner, it is apparent that the land in question is a Raiyati land which, according to

Patna High Court CWJC No.2147 of 2023 dt.13-02-2023 2/2 the petitioner, has been gifted by the villagers to the State Government by a document which has been brought on record by way of Annexure-1 to the writ application. Annexure-1 is a copy of a notarized affidavit. In our view, the petitioner's claim that the land in question is a public land by virtue of the said notarized affidavit is patently misconceived. This application has no merit and the application is dismissed.

(Chakradhari Sharan Singh, ACJ) ( Madhuresh Prasad, J) K.C.Jha/-P.K.P.

AFR/NAFR CAV DATE Uploading Date 14.02.2023 Transmission Date