Arun Kumar Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1073 of 2017 ====================================================== Arun Kumar Jha Son of Late Shiv Narayan Jha, Resident of VillageKaithwar Tole, Baidyanathpur, P.S. Sakatpur, District Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.
2.
The Collector, Darbhanga.
3.
The Land Reforms Deputy Collector, Sadar, Darbhanga. 4.
The Circle Officer, Tardih, P.S. Sakatpur, District- Darbhanga. 5.
Chandra Mohan Jha, Son of Late Mahendra Jha, resident of Village Kaithwar, Tole Baidyanathpur, P.S. Sakatpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kripa Nand Jha, Adv.
For the Respondent/s :
Mr.Sajid Salim Khan -SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2019 The present writ petition has been filed seeking the following reliefs:
"(i) for issuance of appropriate direction, order or writ in the nature of mandamus commanding of respondents to remove the encroachment from the public road and pond bearing S.P. No.2433(old) 1900(new) in Khata No.1587 and S.P.
No.2423 and 2432(old) under Khata No.1407 situated in village Kaithwar, Tole Baidyanathpur, under Tardih Block of Darbhanga district, specially taking into consideration that in spite of order by the higher authority to remove encroachment
Patna High Court CWJC No.1073 of 2017(5) dt.29-08-2019 2/3 from the said plots, it has not been acted upon due to connivance and callousness of the officer concerned.
(ii) for holding and declaring that no person is authorize to make any encroachment over a public road, pond and land specially taking into account the latest judgment of the Hon'ble Supreme Court reported in 2016 (3) PLJR 268(SC)."
2. The respondents, in pursuance of the earlier order of this Court dated 19.04.2019 have filed a supplementary counter affidavit wherein in paragraph no.8, it has been stated that Khata No.1588, plot no.2432, 2433(O), 1899 (N), Area 0.4 decimal in Mauza-Kaithwar, is recorded in the name of Anavad Sarv Sadharan having its nature as road.
3. It is further stated in the said supplementary counter affidavit in paragraph no.9 that as per report of A.C., Darbhanga, Chandra Mohan Jha has encroached some part of plot no.1900, whereas some portion of plot no.1899 has been encroached by Chandra Mohan Jha and Md. Usman.
4. The learned counsel for the petitioner submits that now it is admitted by the authority that encroachment has been made over a public road, public pond/land, hence direction be issued for removal of the same.
5. Having regard to the facts and circumstances of
Patna High Court CWJC No.1073 of 2017(5) dt.29-08-2019 3/3 the case, District Magistrate, Darbhanga is directed to remove the aforesaid encroachment, after due notice to the encroacher within a period of eight weeks of receipt/production of a copy of this order in accordance with law.
6. The writ petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J.) Prakash Narayan U