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Patna High CourtCWJC/10481/2025disposed

Krishna Kumari Yadav v. The State Of Bihar

2025-09-19Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10481 of 2025 ====================================================== Krishna Kumari Yadav W/o Sri Ranveer Yadav, Resident of VillageShambhavi Sadan Bajrang Bali Tola Chukti, P.S.-Mansi, District-Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Chief Secretary, Bihar, Patna.

3.

The Principal Secretary, Department of Rural Development, Bihar, Patna. 4.

The Principal Secretary, Department of Urban Development and Housing, Bihar, Patna.

5.

The Principal Secretary, Department of Social Welfare, Bihar, Patna. 6.

The District Magistrate cum Collector, Khagaria. 7.

The District Social Welfare Officer, Khagaria. 8.

The Circle Officer, Chautham, District-Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the State :

Mr.Sunil Kr. Mandal, SC 3 Mr.Arjun Prasad, AC to SC3 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-09-2025 In the instant petition, petitioner has prayed the following relief:- "That this is an application by way of a Public Interest Litigation, whereby the petitioner prays pro bono publico for issuance of a writ in the nature of Mandamus commanding and directing the respondent authorities to allot and thereby make available the housing and other allied facilities for the Persons, whose houses have been demolished by using the police force said to have been passed under the order passed in Encroachment Case No. 01 of 2021-22 by the Court of learned Circle Officer, Chautham, in the District of Khagaria, under the guise of the observations made by a Bench of this

Patna High Court CWJC No.10481 of 2025(2) dt.19-09-2025 2/2 Hon'ble Court passed in CWJC No.

13410 of 2023 by His Lordships order dated 08.01.2024, although without complying the same, whereby inter alia the Circle Officer, Chautham, Khagaria was directed to dispose of the Encroachment Case No. 01 of 2021-22 after hearing all the parties including the alleged encroachers in accordance with law."

2. Perusal of the records, it is evident that petitioner was an encroachers of a public land. After removal from the encroached land, he seeks for alternative allotment of land. The same cannot be adjudicated, for the reasons that there is no State policy insofar as providing alternative accommodation or plot/house to such of those illegal encroachers who have been removed from such illegal encroachment.

3. Accordingly, the present CWJC No. 10481 of 2025 stands disposed of with cost of Rs. 10,000/- (Rupees Ten Thousand). Cost shall be remitted in the Lawyers' Association Welfare Benevolent Fund, Indian Bank, Branch-LNMI, Bailey Road, Patna bearing Account No. 7801893276, IFSC CodeIDIB000l501. (P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) abhishekkr/- U