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A. ABHISHEK REDDY
Sujit Kumar Ojha – Appellant
Versus
State of Bihar – Respondent
A. Abhishek Reddy, J.—Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for the following relief(s):—
“For issuance of an appropriate writ, order or direction to the respondents for getting the encroachment over Plot No. 963, Khata No. 700, Thana No. 27, Area-3 katha, 16 dhurs, Gairmajarua Malik Land meant for road described in Paragraph No. 3 of this writ application, vacated and accordingly keep it so that in future also no encroachment on the land should be allowed.”
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner has made an application to the competent authority i.e. Respondent No. 5 herein complaining about the illegal and unauthorized encroachment of the Government land in Plot No. 963, Khata No. 700, Thana No. 27, admeasuring an area of 3 katha 16 dhurs, which is classified as Gairmajarua Malik land. Learned counsel submits that though the petitioner has made a complaint way back in the year 2022, the authority till date has not taken any steps for removing the encroachment of the Government land. Further, it is submitted that the said land is meant for public road
Timely administrative action is essential to address land encroachments effectively.
Court mandated prompt governmental action on unauthorized encroachments affecting public infrastructure, reinforcing statutory compliance in addressing land encroachment issues.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The court established that authorities must prioritize the removal of illegal encroachments on public land, with regularization being a rare exception.
Mandamus directs authorities to survey and remove encroachment on government burial ground after notice and hearing.
The court established that removal of encroachments on public land is a legal obligation, with regularization being an exception under strict conditions.
Mandamus directs authorities to survey and remove encroachments on public pathway land following due process.
Removal of encroachment on public land is a rule, and regularisation is an exception, to be permitted only in limited cases by the government.
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