Arvind Kumar @ Arvind Kumar Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 2406 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6107 of 2017
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Arvind Kumar @ Arvind Kumar Singh son of Late Rambriksh Singh resident of village Dih Sarsouna, P.O. Tajpur, P.S. N.H. Bangra, District Samastipur.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary, Revenue Department.

2. The District Magistrate, Samastipur.

3. The Sub-Divisional Magistrate, Samastipur.

4. The Circle Officer, Tajpur, Samastipur.

5. Ramchandra Das son of late Jai Prasad Das

6. Baidhnath Mahto son of late Wakt Mahto

7. Rajkumar Das son of late Janak Das

8. Mahendra Das son of Yugeshwar Das

9. Ramshokit Das son of Rameshwar Das

10. Sitaram Das son of Pallu Das

11. Ajay Kumar Singh son of late Ramashray Singh Respondents Nos. 5 to 11 are residents of village Dih Sarsouna, P.O. Tajpur, P.S. N.H. Bangra, District Samastipur.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sudama Kumar, Adv. For the Respondent/s : Mr. Ebadur Rahman Shakeb, AC to AAG-12 For the Pvt. Resp Nos. 5 to 7 : Mr. Uday Pratap Singh, Adv.

Mr. Rajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-05-2023

Heard Mr. Sudama Kumar, learned counsel for the

petitioner, Mr. Ebadur Rahman Shakeb, learned counsel for the

State and Mr. Uday Pratap Singh, learned counsel for the private

respondent nos. 5 to 7.

Patna High Court CWJC No.6107 of 2017 dt.15-05-2023

By invoking the extraordinary writ jurisdiction of the

Court under Article 226 of the Constitution of India, the

petitioner seeks direction upon the respondents to demolish the

house of the Respondent 2nd set, who have encroached the

Gairmazarua Aam Road, which is situated in Mauza Dih

Sarsouna, Thana No.64, Plot No.588, P.S. N.H. Bangra, District-

Samastipur.

Submission has been made on behalf of the petitioner

that despite the Anchal Ameen having conducted measurement

and submitted report long back on 09.07.2016 as also the Circle

Officer, Tajpur, Samastipur, having written to the Officer-In-

Charge, Bangra, for ensuring that public land is not encroached

by the encroachers, by resorting to fresh construction, till date

neither the encroachment has been removed nor any action has

been taken against the encroachers.

In compliance to the direction of this Court dated

17.04.2023, a counter affidavit has been filed on behalf of the

respondent no.2, the District Magistrate, Samastipur.

By filing the counter affidavit, the respondent no.2

submits that in compliance of the order dated 17.04.2023, vide

Memo No. 1474 dated 26.04.2023, a team was constituted and

thereupon an inspection has been conducted by the S.D.O., Patna High Court CWJC No.6107 of 2017 dt.15-05-2023

Samastipur along with L.R.D.C., Samstipur. An inquiry report

has been submitted, which clearly depicts that Khesra No. 588,

Thana No. 64, is Government land mentioned as road in C/S

Khatiyan and the land was measured by Anchal Ameen on

27.04.2023 and it has been found that the private-respondents

have already encroached the land in question by making illegal

construction over that.

In response to the notices, encroachers have already

entered their appearance before the Circle Officer, Tajpur on

09.05.2023, and the Circle Officer, Tajpur passed an order to

issue notices to the encroachers in Format-II.

It is expected that entire encroachment proceeding

would be concluded within a period of six weeks and thereupon

the encroachment over the land in question, if any, shall be

removed forthwith.

In view of the submissions made on behalf of the

respondents, especially the respondent no.2, the present writ

application stands disposed of with a direction to conclude the

encroachment proceeding within a period of six weeks.

It is made clear that if within such period, the

encroachment would not be removed, the District Magistrate,

Samastipur (Respondent No.2), would be personally Patna High Court CWJC No.6107 of 2017 dt.15-05-2023

accountable and, in case of non-compliance of the order,

appropriate order would be passed against erring officials.

(Harish Kumar, J) rohit/-

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Uploading Date          16-05-2023
Transmission Date