Deenbandhu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10239 of 2023 ====================================================== Deenbandhu Pandey S/o-Late Vidya Pandey Resident of Village-Raxaul, P.S.- Raxaul, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Distirct Magistrate, East Champaran at Motihari. 2.

The Circle Officer, Anchal Ghorasahan, Ghorasahan, East Champaran. 3.

District Sub Registrar, Ghorasahan, East Champaran. 4.

Revenue Clerk Cum Circle Inspector, Ghorasahan, East Champaran. 5.

The Additional Collector, Motihari, East Champaran. 6.

The Joint Secretary, Department of Land and Reform, Government of Bihar at Patna.

7.

The Superintendent of Police, Motihari (East Champaran. 8.

The Director General of Police, Bihar, Patna. 9.

The Divisional Railway Manager, Division, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikalp For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-01-2024 I.A. No. 1 of 2024 The present interlocutory application has been filed for the following reliefs:- I. For a direction to the respondents to demolish the vacant place of encroachment which belongs to the land as a Kaiser-e-Hind (Railway) Govt. of India and make enquiry that how the government land is encroached by the different persons.

II. For a direction to the Respondents to cancel the mutation

Patna High Court CWJC No.10239 of 2023(5) dt.23-01-2024 2/3 which has been mutated in the form of private person and make an enquiry how mutation has been done by the Circle Officer, Ghorashan.

III. For a directions to the Respondents that how mutation has been done which belongs to the Block Office and it has been mutated in favour of different persons and inquire into the matter.

IV.For a direction to Respondents to take appointment authority to action against corrupt government official as per law.

V. For a direction to the Respondents to lodge F.I.R. against corrupt government officials who grabbed the revenue of government and also to add the encroachers as Respondents No. 10 to 23 in the present writ application.

2. For the reasons mentioned in the interlocutory application, the same is allowed.

3. The encroachers are directed to be added as Respondents No. 10 to 23 in the main writ petition. Re. C.W.J.C. No. 10239 of 2023

4. The prayer of the petitioner is for issuance of a direction upon the Respondents to demolish the encroachment done by the Respondent No. 10 to 23 which is a Kaiser-e-Hind

Patna High Court CWJC No.10239 of 2023(5) dt.23-01-2024 3/3 land (Railway), Govt. of India.

5. This prayer of the petitioner cannot be decided by this Court.

6. The petitioner is directed to move before the Circle Officer, Ghorasahan, East Champaran with an appropriate application/representation for removal of the alleged encroachment by Respondents No. 10 to 23.

7. If such an application is filed, the Circle Officer, Ghorasahan, East Champaran, will initiate encroachment case under the Bihar Public Land Encroachment Act. He will issue proper notice to the alleged encroachers and after hearing the petitioner and alleged encroachers, he will pass a final order in accordance with law within six months from the date of receipt/production of a copy of this order.

8. Let a copy of the order be communicated to the District Magistrate, East Champaran, Motihari through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T