Mundrika Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10097 of 2017 ====================================================== Mundrika Singh, Son of late Ram Chandra Singh, Resident of Village Dhakani Bigha, P.O. & P.S. Makhdumpur, Ward No. 1, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms, Government of Bihar Patna.

2.

District Magistrate, Jehanabad.

3.

Sub-Divisional Magistrate, Jehanabad.

4.

Executive Magistrate, Jehanabad.

5.

Anchal Adhikari, Makhdumpur, District- Jehanabad. 6.

Nagar Panchayat, Makhdumpur through its Executive Officer, Makhdumpur Nagar Panchayat, District- Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pandey, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam-AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-09-2017 Petitioner has filed this petition in public interest and the grievance of the petitioner is that certain encroachments have been undertaken in a public land bearing Khata No. 112, Plot No. 1715, of Village Dhakani Bigha, District Jehanabad and seeking removal of the encroachment it is said that when the villagers submitted a representation, an inquiry was conducted and the report Annexure-4 submitted by the District Public Grievance Redressal Authority and inspite of the same the encroachments have not been removed by the respondent authorities and, therefore, this petition in public interest.

Patna High Court CWJC No.10097 of 2017 dt.15-09-2017 2/3 However, today when the matter is taken up, I.A. No. 6428 of 2017 has been filed by about 13 applicants, namely, Sri Ashok Singh and others who have brought to the notice of this Court that the petition is not in public interest. In fact, it is their contention that the petitioner himself has encroached upon public land bearing Khata No 112, Plot No. 1634 and 1714. He has constructed his own house in the said area and now wants eviction of others from Plot No. 1714. It is stated that with regard to the activities of the applicant, co-villagers have already filed their complaint and application to the Circle Officer, Makhdumpur Circle for removal of encroachment and the documents evidencing the same have been filed as Annexure-3 along with Interlocutory Application.

Keeping in view the nature of controversy that has now come on record, from the materials as are detailed hereinabove, we are not inclined to interfere into the matter in a Public Interest Litigation.

Patna High Court CWJC No.10097 of 2017 dt.15-09-2017 3/3 to proceed in the matter for taking action against all concerned and remove the encroachment.

With the aforesaid liberty to the petitioner and the intervenors, finding no case made out for indulgence, we dismiss this writ petition. We may indicate that we have not expressed any opinion to the merits of the allegations and the counter allegation made. It is for the statutory authority to take action after issuing notice following the due process of law and hearing all concerned.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.09.2017 Transmission Date