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MOHIT KUMAR SHAH
Ashish Bharti @ Rocky Jha – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the notice dated 18.06.2018 issued by the Circle Officer, Tarapur, Munger i.e. the respondent no. 2, in connection with Encroachment Case No. 10 of 2018-19, by which the petitioner has been informed that he has encroached over Plot No. 126 admeasuring 37’ x 72’, hence he should remove the encroachment by 03.07.2018.
2. The brief facts of the case, according to the petitioner, are that the land appertaining to Khata No. 87, Plot No. 126, Mauza-Rajguru, Tarapur, District-Munger was acquired by the grandfather of the petitioner by a registered sale deed dated 21.07.1973, executed by one Kaushandra Prasad for a piece of land admeasuring 7 decimal. Thereafter, Jamabandi bearing Jamabandi No. 453 was created in favor of the grandfather of the petitioner, namely, Baikunth Jha and since then rent is being paid to the State of Bihar. It is further submitted that without considering the aforesaid aspect, the respondent no. 2, vide the aforesaid notice dated 18.06.2018, has directed the petitioner to remove the encroachment in question and moreover, no encroachment proceeding has been actually initiated, hence the afore
The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.
The central legal point established in the judgment is the requirement for due process and enquiry before making a decision under the Act, 1956, and the right of the petitioner to file objections/rep....
The main legal point established in the judgment is the principle of res judicata and the finality of dropped encroachment proceedings, which prevent the reinitiation of proceedings for the same land....
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