Patna High Court
Ramchandra Rai vs The State Of Bihar And Ors on 15 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17486 of 2017
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Ramchandra Rai, son of late Ramashray Rai, resident of Village-Rajpur
Kawal Marpa, Police Station-Phenhara, District-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, East Champaran, Motihari.
3. The Superintendent of Police, East Champaran, Motihari.
4. The Sub-Divisional Officer, Pakari Dayal, East Champaran, Motihari.
5. The Circle Officer, Phenhara, East Champaran.
6. The Officer-in-Charge, Phenhara Police Station, Phenhara.
7. Zila Parishad, East Champaran through the Chief Executive Officer, East
Champaran, Motihari.
8. The Chief Executive Officer, Zila Parishad, East Champaran, Motihari.
9. The District Engineer, Zila Parishad, Champaran, Motihari.
10. Smt. Sudama Kunwar, W/O- Late Moti Rai.
11. Sri Ramesh Rai, Son of- Late Moti Rai.
12. Sri Rajeshwar Rai, Son of- Late Moti Rai.
13. Sri Umesh Rai, Son of- Late Moti Rai.
14. Sri Asholal Rai, Son of- Late Raman Rai.
All Respondent Nos. 10 to 14 are resident of Village-Rajpur Kawal Marpa,
Police Station-Phenhara, District-East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anuj Kumar with
Mr. Arun Kumar Prasad, Advocates
For the State : Mr. Atul Shankar, AC to SC 19
Patna High Court CWJC No.17486 of 2017 dt.15-05-2023
For the Zila Parishad : Mr. Sanjay Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 15-05-2023
Heard Mr. Anuj Kumar, learned counsel appearing on
behalf of the petitioner; Mr. Atul Shankar, learned counsel
representing the State and Mr. Sanjay Kumar, learned counsel
appearing on behalf of the Zila Parishad, East Champaran,
Motihari.
2. The petitioner, by invoking the extraordinary
jurisdiction of this Court under Article 226 of the Constitution,
has prayed for removal of the encroachment made over Khata
No. 119 and Khesara Nos. 709 and 564, which is the land
exclusively falls within Zila Parishad, East Champaran,
Motihari.
3. It is the specific case of the petitioner that the land
in question had been duly encroached by the private respondent
nos. 10 to 14. In compliance to the order of this Court dated
24.04.2023, a counter affidavit on behalf of respondent nos. 7, 8
and 9 has been filed, the copy of which has been served upon
learned counsel for the petitioner.
4. Learned counsel representing the respondent nos.
7, 8 and 9, with reference to the statements made in the counter
Patna High Court CWJC No.17486 of 2017 dt.15-05-2023
affidavit, submits that pursuant to the order of this Court, the
Deputy Development Officer-cum-Chief Executive Officer, East
Champaran directed the Circle Officer, Phenhara to remove the
encroachment from the land in question and in response thereto,
the Circle Officer, Phenhara vide Letter No. 215 dated
09.05.2023 submitted a detailed report with photographs stating
therein that the encroachment has been removed from the land
in question.
5. The aforesaid submission has been partially refuted
by the learned counsel for the petitioner and submission has
been made that though partial encroachment has been removed
but till date certain construction still lying on the land in
question and thus, the order of the Hon'ble Court has neither
been complied nor the encroachment has been completely
removed.
6. Be that as it may, considering the specific affidavit
filed on behalf of respondent nos. 7, 8 and 9 as also the letter of
the Circle Officer, Phenhara showing that the encroachment has
been removed from the land in question, the present writ
petition stands disposed of. However, it is made clear that even
if the partial encroachment would be found at the land in
question or in future the same would be surfaced, the
Patna High Court CWJC No.17486 of 2017 dt.15-05-2023
respondent-Circle Officer, Phenhara and the S.H.O., Phenhara
shall be personally accountable for the same and appropriate
order would be passed against them.
7. In view of the aforesaid observations, the present
writ application stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 16.05.2023
Transmission Date N.A.
