Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12031 of 2019 ====================================================== Rina Devi, aged about 30 years, Female, W/o Anugrah Narayan Singh, resident of Vill.- Maruan, P.s.- Dinara, Distt.- Rohtas (Sasaram) ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Bihar, Patna 2.

The Secretary Revenue Department, Old Secretariat, Patna 3.

The Director Revenue Department, Old Secretariat, Patna 4.

The District Magistrate cum Collector Rohtas 5.

The District Development Commissioner Patna 6.

The Deputy Collector Land Reforms, Rohtas 7.

The Sub Divisional Magistrate-cum-S.D.O. Bikramganj, Rohtas 8.

The Block Development Officer Dinara, Rohtas 9.

The Circle Officer Dinara, Rohtas ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlendu Shekher Thakur, Adv.

For the Respondent/s :

Mr. Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 29-07-2019 Heard the parties.

Having considered the submission of learned counsel for the parties we proceed to dispose of the writ petition. The petitioner complains of encroachment over a public land bearing Khata No. 76, Plot No. 112, village Maruan, in the district of Rohtas which has been allegedly encroached by the local villagers.

Learned counsel for the petitioner has referred to an application addressed to the District Magistrate, Rohtas, the Sub-

Patna High Court CWJC No.12031 of 2019(2) dt.29-07-2019 2/2 divisional Officer, Bikramganj, the Block Development Officer, Dinara as well as the Circle Officer, Dinara, in the district of Rohtas raising such complaint as also mentioning the name of the encroachers but it is the grievance raised that no action has been taken for removal of the encroachment although report of the Circle Amin at Annexure 2 confirms to the encroachment.

In such view of the matter and without waiting for a counter affidavit we deem it proper to dispose of the writ petition with a direction to the Circle Officer, Dinara in the district of Rohtas to treat the complaint at Annexures 1 series as a complaint under section 3 of the Bihar Public Land Encroachment Act, 1956 and initiate proceedings against the alleged encroachers and dispose of the case in accordance with law with opportunity of hearing to the representative of the villagers who have raised complaint as well as alleged encroachers within a period of six months of the receipt/ production of a copy of this order. With the observations and directions above, we dispose of the writ petition.

(Jyoti Saran, J) ( Partha Sarthy, J) Surendra/- U