Sabha Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8204 of 2017 ====================================================== Sabha Singh son of Raghunandan Singh Hulas resident of Village - Tola Kamriaon, P.S. - Tier, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate-cum-Collector, Bhojpur at Arrah. 3.

The Sub Divisional Officer, Jagdishpur, District - Bhojpur. 4.

The Anchal Adhikari, Bihia, Bhojpur.

5.

The Sub Divisional Police Officer, Jagdishpur, District - Bhojpur. 6.

Officer-in-Charge, Tier, Bhojpur.

7.

Baban Singh son of Ramnath Singh 8.

Birendra Mahto son of Mangru Mahto 9.

Sabri Yadav son of Late Kailash Yadav 10.

Daroga Singh son of Ramjee Prasad 11.

Ramlal Yadav Son of Late Jagga Yadav 12.

Suresh Yadav Son of Late Dindayal Yadav 13.

Mahendra Yadav son of Late Bhola Yadav 14.

Nirmal Yadav son of Late Kailash Yadav 15.

Gulab Yadav son of Moti Yadav 16.

Ram Niwash Yadav son of Late Hari Yadav 17.

Laldhari Yadav son of Late Sharma Yadav 18.

Raja Ram Yadav son of Late Budhu Yadav Respondetn Nos. 7 to 18 are residents of Mohalla - Hulas Tola, P.S.- Tier, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Prasad,Adv.

For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The District Magistrate, Bhojpur at Ara is present in the Court and has filed a second supplementary counter affidavit, wherein it has

Patna High Court CWJC No.8204 of 2017(3) dt.10-05-2023 2/3 been stated that the main culprit i.e. one Shri Madan Ram, Assistant in the Circle Office, Bihia, has already been arrested, after a First Information Report was lodged against him and then prapatraka has also been framed against the erring officials of Bihia circle. It is assured by the District Magistrate, Bhojpur at Ara that the departmental proceedings would definitely be initiated against the erring officials, inasmuch as the records have already been sent to the parent department i.e. the Department of Revenue and Land Reforms, Government of Bihar, Patna for taking needful action.

In such view of the matter, the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna is directed to initiate appropriate departmental proceedings against the erring Circle Officer/officials and report to the Registrar General of this Court, within a period of eight weeks from today, failing which he shall not draw his salary. Now, coming to the present case, the

Patna High Court CWJC No.8204 of 2017(3) dt.10-05-2023 3/3 learned District Magistrate, Bhojpur at Ara assures this Court that the proceedings in question would definitely be completed within a period of three weeks from today and the encroachment in question shall be removed immediately, thereafter. It is directed accordingly.

It is made clear that in case the needful is not done within a period of six weeks from today, the District Magistrate, Bhojpur at Ara shall be proceeded against, under the contempt jurisdiction of this Court, upon the petitioner filing appropriate interlocutory application for revival of the present writ petition.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/S.SbU