Rishidev Pandey And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.514 of 2016 Arising out of Civil Writ Jurisdiction Case No. 12221 of 2016 ===========================================================

1. Rishidev Pandey

2. Narvadeshwar Pandey

3. Sadanand Pandey, all are sons of Late Lal Saheb Pandey

4. Runa Kunwar, Wife of Late Basudev Yadav

5. Nain Kunwar, Wife of Late Sachidanand Pandey

6. Manju Kunwar, Wife of Late Ramsagar Pandey

7. Sushila Devi, Wife of Hira Yadav

8. Nanhku Yadav, Son of Late Rupchand Yadav

9. Ram Awatar Yadav, Son of Late Shiv Prasad Yadav

10. Suraj, Son of Late Ram Ratan Singh

11. Luchai Singh

12. Brahmdeo Singh, both are Sons of Late Achhayabar Yadav

13. Urmila Devi, Wife of Aaskaran Yadav

14. Anwar Yadav, Son of Late Surat Yadav

15. Ram Sahay Yadav, Son of Late Bikrama Yadav All are residents of village Chintamanpur, P.S. Nuaon, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector-cum-District Magistrate, Kaimur at Bhabua.

3. Sub-Divisional Magistrate, Mohaniya, District - Kaimur.

4. Anchal Adhikari, Nuaon Anchal, District Kaimur. ... ... Respondents/Opposite Parties 1st Set.

5. Bharath Pandey Son of Late Sri Krishna Pandey Resident of Village - Chintamanpur, P.S. Nuaon, District Kaimur at Bhabua. .... ....Writ petitioner/opposite party 2nd Set. =========================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the State : Mr. Arun Kumar Bhagat, AC to AAG XII For the Respondent No.5: Mr. Naresh Chandra Verma, Advocate Mr. Lakshmi Kant Tiwary, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 08-02-2017 The petitioners have sought review of the order passed by this Court on 19th September, 2016 whereby a direction was issued to

Patna High Court C. REV. No.514 of 2016 dt.08-02-2017 2/3 the District Magistrate, Kaimur to remove the encroachers within a period of four months.

The grievance of the petitioners is that the District Magistrate is likely to pass an order for eviction without giving notice and/or providing any opportunity of hearing.

Learned counsel for the petitioners refers to a Supreme Court judgment reported as 2016(3) PLJR 268 (SC) [Jagpal Singh & Ors. State of Punjab & Ors.] wherein it was held to the following effect:- "22. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments.

The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land."

Patna High Court C. REV. No.514 of 2016 dt.08-02-2017 3/3 In view of the said fact, we modify the order dated 19th September, 2016 so as to clarify that the District Magistrate will pass an order of eviction, if any, after giving an opportunity of hearing and considering the show cause submitted by the alleged encroachers in accordance with law. The District Magistrate shall pass an appropriate order within four months from today.

With the said modification, the civil review application stands disposed of.

(Hemant Gupta, ACJ) (Anjana Mishra, J) Sunil/- AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 09.02.2017 Transmission Date