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K. VINOD CHANDRAN, MADHURESH PRASAD
Krishan Kant Singh – Appellant
Versus
State of Bihar – Respondent
Madhuresh Prasad, J. – The writ application has been filed in the form of Public Interest Litigation (PIL) for setting aside the encroachment proceedings arising out of notice issued to the petitioners under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as “Act”), bearing Encroachment Case Number 1 of 2018-19.
2. Show cause notice has been issued calling upon the petitioners to reply as to why orders may not be passed against the petitioners under the provisions of the Act for prevention and removal of encroachment, from the lands pertaining to Khata No. 432, bearing Plot Nos. 1651 and 1652, situated at village Main (Bela), P.S. Belaganj, Thana No. 104 in the District of Gaya, as the same are public lands as per entry in the revenue records.
3. We at the very outset enquired from the petitioners’ learned counsel whether the writ petition as a PIL would be maintainable, having regard to the personal nature of relief arising out of encroachment proceedings against the petitioners, treating them as encroachers on public lands?
4. It is submitted by the learned counsel for the petitioners that there is a decree in respect of the lands in question in fa
The importance of procedural laws in public interest litigation, the need for public spirited litigants to avail of other remedies, and the application of principles of natural justice in decision-ma....
The judgment emphasizes the importance of procedural technicalities in public interest litigation, the availability of alternative remedies, and the principles of mandamus in issuing writs.
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