Tag Archives: #patnahighcourt

TITLE: Madhusudan Yadav & Ors. v. The State of Bihar & Ors.

Decided on: 04-07-2023

CWJC No: 2322/2023

Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Facts of the case:

The present writ petition has been filed seeking the following relief :-

“(i). For issuance of a writ in the nature of mandamus commanding the respondents concerned to not disturb peaceful possession of the petitioners with regards to the land of Khata No.117(Old)/350(New), Plot No.318(Old)/625(New), Area-2 Acre, Bounded as North- Road, South-Pyne, East-Nala and West-Naresh, situated as Village- Kewali,P.S. and Anchal-Chandauti, District-Gaya.

(ii). For staying the removal proceeding in connection with the aforesaid land till the disposal of the instant case.”

Analysis of the court and decision:

The learned senior counsel for the petitioners seeks liberty on behalf of the petitioners to raise all the issue raised in the present writ petition in the pending suit bearing Title Suit No.248 of 2022, which is pending adjudication before the learned Court of Sub-Judge-1, Gaya, apart from also filing appropriate petition for grant of interim relief. Liberty so sought is granted.

The writ petition stands disposed of.

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Written by- Meghana D

7 Jul

Patna High Court grants liberty to petitioner to approach District Magistrate

TITLE: Baijnath Prasad Gupta v. The State of Bihar & Ors.

Decided on: 03-07-2023

CWJC No: 9598/2022

Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Facts of the case:

This writ petition was filed to seek the relief of issuing an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the respondents to remove the drain/ outlet of the drain over the land of the petitioner appertaining to Khata no. 371, Plots no. 1876, 6475, area 051 decimal situated at mauja Deo due to which the land of the petitioner has been covered by the water all along 12 months causing irreparable loss to the petitioner.

At the outset, the learned counsel for the respondent State has referred to the counter affidavit, filed by the District Magistrate, Aurangabad, paragraph no. 5 whereof, is reproduced hereinbelow :-

“That it is humbly submitted that in light of the aforesaid order dated 28.04.2023 of the Hon’ble Court as well as in light of the order/ direction of District Magistrate, Aurangabad, the Deputy Collector, Land Reforms, Aurangabad alongwith circle officer, Deo and concerned Halka Karmchari made spot enquiry and during the course of spot enquiry the following facts came in light :-

(i) That the land in question of the petitioner Baijnath Prasad Gupta is presently parati land, which is situated just left side of the road, which goes from Chhatha Talab to godown. The drain has already been found constructed beside the road of Deo Bazaar and also the pucca nali has been found constructed in the lane (gali), which goes from Deo Bazar road towards the land of the petitioner. The complaint of the petitioner is related to opening of outlet of drain/gali into the land of the petitioner.

(ii) That as the land in question of the petitioner as well as other land situated near by it was parati/vacant land and down land since very long time, therefore the flow of wastewater of gali and the house newly constructed both sides of the lane passes/discharges through the drain in question constructed over the government land but the drain water discharges into the land of the petitioner. Presently the flow of water from the drain in question has been connected with the main big drain situated beside the Deo Bazar road and drainage water is being discharged into the said main big drain. The other side of the drain constructed in gali, which outlet opens into the land of the petitioner has been permanently closed by brick, cement and concrete and presently the flow of drain water is not being discharged into the land of the petitioner. After Conducting spot enquiry, the Deputy Collector, Land Reforms, Aurangabad along with the Circle Officer, Deo submitted his enquiry report to the District Magistrate, Aurangabad vide letter no. 745/L.R. dated 08.05.2023, which is self explanatory.”

Analysis of the court:

The learned counsel for the petitioner submits that the petitioner be granted liberty to approach the District Magistrate, Aurangabad, in case he is having any subsisting grievance. Liberty so sought, is granted.

The present writ petition stands disposed off on the aforesaid terms.

Written by- Meghana D

5 Jul

Patna High Court disposed of writ petition with a direction to Managing Director to pass final order considering records and reports submitted by the Registrar

TITLE: Kabindra Kumar v. The State of Bihar & Ors.

Decided on: 26-06-2023

CWJC No: 13365/2019

Coram: HONOURABLE MR. JUSTICE PURNENDU SINGH

Facts of the case:

A counter affidavit has been filed on behalf of respondent no.3 (the Managing Director, Patliputra Central Cooperative Bank Ltd.) in Court, in compliance of order dated 11.05.2023, the same is kept on record, which includes the report submitted by Respondent no.2 (the Registrar, Co-operative Societies, Bihar).

The Registrar, Co-operative Societies, Bihar in compliance with the order of this Court is present in the Court in person along with the Managing Director of the Patliputra Central Cooperative Bank Ltd.

Having perused the counter affidavit filed on behalf of respondent no.3, this Court finds that the the Registrar, Cooperative Societies, Bihar has meticulously considered the grievance of the petitioner and on the basis of the record, a detailed report has been submitted before this Court, in light of the directions and observations made in order dated 01.05.2023 and 11.05.2023.

Analysis of the case and decision:

The present writ petition is disposed of with a direction to the Managing Director, Patliputra Central Cooperative Bank Ltd. to pass a final order considering records and the report dated 23.06.2023 submitted by the Registrar, Cooperative Societies, Bihar.

The petitioner, if so advised, may file a detailed representation before the Managing Director, Patliputra Central Co-operative Bank Ltd. and may also file an objection to the report dated 23.06.2023.

The Managing Director, Patliputra Central Cooperative Bank Ltd. is directed to take final decision in the matter relating to the petitioner within a period of six weeks from the date of passing of this order and the petitioner, if aggrieved in any manner, may avail the appropriate remedy in accordance with law against the decision of Managing Director of the Patliputra Central Co-operative Bank Ltd.

The present writ petition is disposed of with above observations and directions.

This Court appreciates the endeavour taken by the Registrar, Co-operative Societies, Bihar in accordance with law. This Court appreciates his promptness and proper assistance and complying with the order of this Court in utmost respect taking into the responsibility assigned to him. His dynamic performance is suggested to be recorded in the Performance Appraisal Report (P.A.R.) of the Officer, who is a Member of the Indian Administrative Service, by the State Government.

Written by- Meghana D

4 Jul

Patna High Court passed the final order directing the Circle Officer to conclude the proceedings of encroachment case within six weeks

TITLE: Singasan Sharma v. The State of Bihar & Ors.

Decided on: 03-07-2023

CWJC No: 18114/2022

Coram: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Facts of the case:

The petitioner in the present writ petition prays to direct the Circle Officer, Mainatand, District-West Champaran, to expedite the proceedings of the pending Encroachment Case No. 14 of 2020-21.

The learned counsel appearing for the State, submits that in case, the aforesaid encroachment proceedings are still pending, the same would definitely be concluded within a fixed time frame.

Analysis of the court and decision:

Having regard to the facts and circumstances of the case, the Circle Officer, Mainatand, District-West Champaran, is directed to conclude the proceedings of the aforesaid Encroachment Case No. 14 of 2020-21, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt / production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

Written by- Meghana D

4 Jul

Patna High Court dismissed the writ petition with liberty that the petitioners may prefer appeal

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TITLE: Chinta Devi & Anr. v. The State of Bihar & Ors.

Decided on: 27-06-2023

CWJC No: 1095/2023

Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN

Facts of the case:

The present writ application has been filed for setting aside the order dated 18.12.2022 passed by Circle Officer, Bihiya in Mutation Case No. 2214 of 2022-23. The counsel for the petitioners submits that he has moved earlier before the Circle Officer, Bihiya bearing Mutation Case No. 638 R27/2021-2022 which was dismissed on 25.08.2021 on the ground that the petitioners were not present on the said date.

Thereafter the petitioners have preferred Mutation Appeal No. 102 of 2021-22 which was allowed and matter was remanded back vide order dated 30.08.2022. Upon remand the Circle Officer, Bihiya has assigned a new name of this case as Mutation Case No. 2214 of 2022-23 and the said order has been passed on 18.12.2022. Counsel for the petitioner further submits that the present order passed by Circle Officer, Bihiya in Mutation Case No. 2214 of 2022-23 is appellable under the Mutation Act, 2011 but since petitioners are females and private respondent particularly respondent IIIrd set, on whose instance this dispute is continuing, is powerful muscleman of the locality and it is due to this reason the relief for police protection has also been demanded by the petitioners.

The Learned counsel for the State submits that the order passed by the Circle Officer, Bihiya is appellable under the Statute. He further submits that from the record of the case, the petitioners themselves admit that criminal proceeding under section 144 of Cr.P.C. was going on for the said land. Counsel further submits that there is no such exemption given in law that for a female, there shall be exemption of Statute.

Analysis of the court and decision:

Upon going through the submissions of the parties, this Court is of the firm view that when statutory appeal is permissible under law then the petitioner ought to prefer appeal. So far as life of protection is concerned, the petitioners are free to file F.I.R. against wrong doers, if there is apprehension of breach of peace they are free to take action under Cr.P.C. against wrong doers.

With the aforesaid direction, the present writ petition is hereby dismissed with liberty that the petitioners may prefer appeal. Delay, if any, is hereby condoned.

Written by- Meghana D