Rameshwar Singh @ Ramashray Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2993 of 2019 ======================================================

1. Rameshwar Singh @ Ramashray Singh, aged about 61 Years, Male, Son of Late Ramanand Singh, Resident of Vill- Purvi Kargahiya, P.S. Bettiah(M), Distt.- West Champaran. Presently Residing at Mohalla- Check-Post, Ujjain Tola, P.S. Bettiah(M), Dist. West Champaran.

2. Ramu Yadav, aged about 30 Years, Male, S/o Lalu Yadav.

3. Rajesh Sah, aged about 36 Years, Male, S/o Chandrika Sah.

4. Ashok Kumar Barnwal @ Ashok Barnwal, aged about 35 Years, Male, S/o Vindhyachal Prasad.

5. Premchand Prasad @ Premchandra Prasad, aged about 51 Years, Male, S/o Rajdev Prasad.

6. Ramji Sah, aged about 54 Years, S/o Late Thakur Sah.

7. Jawaharlal Mahto, aged about 62 Years, Male, S/o late Sukhari Mahto.

8. Jokhu Ram, aged about 46 Years, Male, S/o Jokhan Ram@ Kamal Ram.

9. Satyanarayan Prasad, aged about 44 Years, Male, S/o Siyaram Mahto.

10. Ramayan Mahto, aged about 38 Years, Male, S/o late Ramdeo Mahto.

11. Pradeep Kumar Pandey, aged about 46 Years, Male, S/o Late Ramashray Pandey.

12. Manish Kumar, aged about 24 Years, Male, S/o Umesh Prasad.

13. Sitaram Hajra @ Sitaram Paswan, aged about 70 Years, Male, S/o Late Dhaneshwa Paswan.

14. Deepak Kumar, aged about 31 Years, Male, S/o Harihar Prasad.

15. Damodar Kumar, aged about 38 Years, Male, S/o Siyaram Mahto.

16. Jogindra Mahto @ Jogendra Mahto, aged about 55 Years, Male, S/o Late Munshi Mahto. All residents of Mohalla- Check-Post, Ujjain Tola, P.S. Bettiah(M), District. West Champaran.

... ... Petitioners

Versus

1. The State of Bihar through the Collector-Cum-District Magistrate, West Champaran at Bettiah.

2. The Collector-Cum-District Magistrate, West Champaran at Bettiah.

3. The Sub-Divisional Officer, Bettiah Sadar, Bettiah Distt. West Champaran.

4. The Circle Officer, Bettiah Block Bettiah, District West Champaran.

5. The Manager, Bettiah Estate, Bettiah, District- West Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Sanjeev Kumar, Advocate.

For the State : Mr. Rishi Raj Sinha, S.C. 19 and Mr. Akhilesh Kumar Sinha, A.C. to S.C. 19.

For Respondent no. 5 (Bettiah Estate) : M/S. Shailendra Kumar Singh and Nirala Kumar Singh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned

2/4 counsel for the respondents.

The present writ application has been filed, on behalf of the petitioners for issuance of an appropriate writ, order/s and direction, for quashing the notices dated 28.06.2018, issued by the respondent no. 4 in Encroachment Case No. 01/2018-19 whereby and whereunder the petitioners have been directed to remove their premises from a piece of land appertaining to Khata No. 2, Plot No.

327 falling within Ujjain Tola Mauza of Bettiah Block of West Champaran District as these notices have been issued without following due procedure of law and without providing the petitioners proper opportunity of hearing, as also, without providing them reasonable opportunity to adduce evidence/s in support of their case (Annexure-2 series) and to hold that the impugned notices have been issued without following the mandatory provisions contained in Bihar Public Land Encroachment Act, hereinafter referred to as 'The Act' and to hold that the land in question is not a public land within the meaning of the Act and the entire proceeding initiated by the respondent no. 4 under the Act is completely without jurisdiction.

It is submitted by learned counsel for the petitioners that in pursuance to the notices issued under Section 3 of the

3/4 Bihar Public Land Encroachment Act, the petitioners had appeared before the respondent no. 4 i.e. The Circle Officer, Bettiah Block, Bettiah, District-West Champaran with the relevant documents/papers in respect of land in question in compliance of Section 4 of the Act. It has further been submitted that there is no compliance of Section 5 of the Act. No opportunity of hearing was given to the petitioners and order was passed under Section 6 of the Bihar Public Land Encroachment Act in Encroachment Case No. 1/18-19 by the respondent no. 4 i.e. The Circle Officer, Bettiah Block, Bettiah, District-West Champaran.

Considering the submissions made on behalf of the parties, the notices under challenge dated 28.06.2018, issued by the respondent no. 4 i.e. The Circle Officer, Bettiah Block, Bettiah, District-West Champaran, vide Annexure-2 series to the present writ application, are quashed.

The petitioners are directed to appear on 06.03.2019 at 11.30 A.M. in the office of the respondent no. 4 i.e. The Circle Officer, Bettiah Block, Bettiah, District-West Champaran in compliance of Section 4 of the Act. The respondent no. 4 i.e. The Circle Officer, Bettiah Block, Bettiah, District-West Champaran, shall fix the date for hearing in compliance of

4/4 Section 5 of the Act, issuing notice to all concerned parties and after giving opportunity of hearing, and pass an appropriate order within a period of two months from the date of appearance i.e. 06.03.2019.

Till then status-quo is to be maintained.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U