Ram Pyari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10171 of 2024 ====================================================== Ram Pyari Devi W/o Feku Paswan, R/o- Village- Amba Dhamni, P.S.- Mali, Dist- Aurangabad, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt of Bihar, Patna. 2.

The Chief Secretary, Govt of Bihar, Old Secretariate, Patna. 3.

The Principal Secretary, Department of Revenue and Land Reforms, Govt of Bihar, Patna, old Secretariat, Patna.

4.

The Principal Secretary, Department of Panchayati Raj Department, Govt of Bihar, main Secretariat, Patna.

5.

The Divisional Commissioner, Magadh Division, Gaya, Bihar. 6.

The District Magistrate, Aurangabad, Bihar.

7.

The DDC, Aurangabad, Bihar.

8.

The District Panchayati Raj Officer, Aurangabad, Bihar. 9.

The Sub Divisional Magistrate, Aurangabad, Bihar. 10.

The Circle Officer, Navinagar, Aurangabad, Bihar. 11.

The S.H.O, Mali Police Station, Mali, Aurangabad, Bihar. 12.

Krishna Paswan, Son of Late Sarju Paswan, R/o village- Amba, Dhamni, P.S.- Mali, Dist- Aurangabad, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Respondent/s :

Mr.Government Pleader- 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2024 The present writ petition has been filed seeking the following reliefs:- "1 (i) To issue an appropriate writ, order or direction to the Respondent Authorities to remove the encroachments made by Private Respondents from the public land over a piece of Public Land appertaining

2/4 to Khata No 44, Plot No 349 area 5 Dismal out of 9.54 Acre of public land situated under Thana No.-21, Mauza-Amba Dhamni, PO- Simri Dhamni, P.S. Mali District-Aurangabad which is recorded as GAIRMAJARUA MALIK PARTI KADIM used as the AAM RASTA for the entire village including of the family of the petitioner.

The land is bounded as follows:- North- Parti Kadim and house of Sahendra Ram South- Rasta East- Mukhlal Ram West- Jitam Paswan (ii) To issue further appropriate writ, order or direction commanding the Respondent Circle Officer to initiate and encroachment proceeding against the private respondent and decide the same on priority basis within time schedule fixed by this Hon'ble Court and remove the encroachments made by Private Respondents forthwith from the Public Land over a piece of public Land appertaining to Khata No 44, Plot No 349 Area-5 decimal which is recorded as SARB SADHARAN used as the AAM RASTA for the entire village including of the petitioner since last 100 years.

(iii) To issue further appropriate writ, order or direction to inquire into the latches and delay caused by the

3/4 Respondent Authorities in the matter of removal of encroachment from the public land.

(iv) To issue further appropriate writ, order or direction to complete Inquiry/Investigation and the proceeding of encroachment within a time schedule as fixed by this Hon'ble Court.

(v) To issue further appropriate writ, order or direction commanding the Respondents to take suitable Penal and Departmental Actions as against all the wrong doers on the basis of the findings/ outcome of the Inquiry/ Investigation/encroachment proceeding, forthwith without any further delay.

(vi) This Hon'ble Court may adjudicate and hold that it was the statutory duty of the Respondent District Magistrate to consider the vital issues raised in complaint filed by petitioner on various dates.

(vii) This Hon'ble Court may further adjudicate and hold that Respondents have duty to see that no encroachment on a public land particularly the AAM RASTA of the village is allowed to continue.

(viii) This Hon'ble Court may further adjudicate and hold that the Respondents are duty bound to see that Public Road is not encroached and no individual should

4/4 be allowed to prevent the free flow of traffic of the village."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Navinagar, District-Aurangabad, for redressal of her aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U