Simplified Explanation of the Judgment:
The Patna High Court recently dismissed a writ petition filed by two individuals from Rohtas district who challenged notices issued for the removal of alleged encroachment on public land. The petitioners argued that the government failed to properly measure the land before issuing final eviction notices. They contended that these actions violated their rights.
However, the Court found that the petitioners failed to submit any documents proving ownership or legal possession of the land. The land in question was identified as “Anawad Sarvsadharan” land – essentially land meant for public use. The Court noted that the authorities had followed all legal procedures under the Bihar Public Land Encroachment Act, 1956.
Two separate encroachment cases had been initiated – first in 2019-20 and later in 2023-24 – both resulting in findings that the land was public property and that the petitioners had unlawfully occupied it. Despite multiple notices, including final orders under Section 6(1) of the Act, the petitioners did not vacate the land nor file any appeal.
The High Court criticized the petitioners for trying to misuse the legal process and confirmed that the government was within its rights to remove encroachment from public land.
Significance of the Judgment:
This judgment reinforces the importance of protecting public land from illegal encroachments. It empowers local administration to take legal action against such occupations and sends a clear message that mere possession without ownership rights cannot override public interest. For the public, it ensures that common land designated for roads or community use is preserved.
Legal Issues Decided and the Court’s Decision:
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Whether the petitioners had any valid claim to the land – No
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Whether due process was followed under the Bihar Public Land Encroachment Act – Yes
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Whether notices issued by the administration were lawful – Yes
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Petition dismissed; eviction notices upheld.
Case Title: Ramakant Mishra & Anr. vs. The State of Bihar & Ors.
Case Number: CWJC No. 8857 of 2020
Citation(s): 2024(4)PLJR
Coram and Names of Judges: Hon'ble Mr. Justice Mohit Kumar Shah
Advocates:
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For Petitioners: Mr. Ashutosh Tripathy
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For State: Mrs. Divya Verma, AC to AAG-3
Link to Judgment:
https://patnahighcourt.gov.in/viewjudgment/MTUjODg1NyMyMDIwIzEjTg==-p29So6h9bMo=
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