Created by Fuzzy Cloud

Patna High Court

Singasan SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to approach the Circle Officer and disposed the petition.

Summary

The petitioner, Singasan Sharma, filed a writ petition seeking enforcement of a prior order dated 03.07.2023 directing removal of encroachments on his land. The State of Bihar and several officials appeared, stating that the encroachments had been removed in compliance with the court's order. The petitioner contended that some encroachments still remained and requested liberty to approach the Circle Officer, Mainatand, for further redress. The court examined the compliance claim and the petitioner's grievance about residual encroachments. It granted the petitioner liberty to approach the Circle Officer to address the remaining issues. Consequently, the petition was disposed.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the Circle Officer for redress of subsisting encroachments after partial compliance with the court's earlier order.

Subjects

  • encroachment
  • land reform
  • writ jurisdiction
  • compliance
  • liberty
  • circle officer
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2607 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.18114 of 2022
                 ======================================================
                 Singasan Sharma son of Dhenukh Sharma, resident of Village- Mahuawa,
                 Police Station- Purushottampur, District- West Champaran (Bettiah)

                                                                           ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Shree Deepak Kumar Singh, the Principal
                 Secretary, Revenue and Land Reforms Department, Government of Bihar,
                 Patna.
           2.    Mr. Dinesh Kumar Rai, the District Magistrate, West Champaran at Bettiah.
           3.    Mr. Upendra Nath Verma, the Superintendent of Police, West Champaran at
                 Bettiah.
           4.    Mr. Surya Kumar Gupta, the Sub- Divisional Officer, Narkatiaganj, District-
                 West Champaran.
           5.    Mr. Chandra Shekhar Kumar, the Deputy Collector, Land Reforms,
                 Narkatiaganj, District- West Champaran.
           6.    Mr. Ashish Anand, the Circle Officer, Mainatand, District- West Champaran.
           7.    Mr. Rajeev Kumar, the S.H.O. Mainatand Police Station, District- West
                 Champaran.
           8.    Chitranjanpuri, son of late Jot Puri, resident of Village- Mahuawa, Police
                 Station- Purushottampur, District- West Champaran (Bettiah).
           9.    Pentar Puri, son of late Ram Narayan Puri, resident of Village- Mahuawa,
                 Police Station- Purushottampur, District- West Champaran (Bettiah).
           10. Vijay Puri, son of late Narsingh Puri, resident of Village- Mahuawa, Police
               Station- Purushottampur, District- West Champaran (Bettiah).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Binay Kumar, Advocate
                 For the Opposite Party/s :   Government Pleader 18
                                              Mr. Mohammad Abu Haidar, Advocate
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   18-03-2026                  The learned counsel for the opposite party-State

                   submits that in compliance of the order of this Court dated

                   03.07.2023 passed in CWJC No. 18114 of 2022, the

                   encroachment in question has been removed.
        Patna High Court MJC No.2607 of 2024(3) dt.18-03-2026
                                                    2/2




                               2. The learned counsel for the petitioner has orally

                  submitted that some encroachments are still subsisting, hence

                  the petitioner be granted liberty to approach the Circle Officer,

                  Mainatand, District – West Champaran for redressal of his

                  subsisting grievances, if any. Liberty, so sought, is granted.

                               3. Accordingly, the present petition stands disposed

                  of.



                                          (Mohit Kumar Shah, J)
GAURAV S./-
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.