Ramesh Chandra Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15864 of 2013 ====================================================== Ramesh Chandra Jha Son of Late Jaydev Jha Resident of Village- Rampur Tol, P.O.- Shivnagar, P.S.- Benipatti, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Madhubani

3. The Sub-Divisional Officer, Benipatti

4. The Circle Officer, Benipatti

5. Upendra Mali Son of Late Ram Prasad Mali Resident of VillageRampur, P.S.- Benipatti, District- Madhubani

6. Bhogendra Mali Son of Late Ram Prasad Mali Resident of VillageRampur, P.S.- Benipatti, District- Madhubani

7. Rajesh Mali Son of Late Devendra Mali Resident of Village- Rampur, P.S.- Benipatti, District- Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar For the Respondent/s : Mr. Manoj Kr. Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2017 Heard Mr. Amish Kumar, learned counsel for the petitioner and learned A.C. to S.C. 26 for the State. The present writ application has been filed for a direction to the respondent authorities to remove the encroachment existing over the land bearing Khesra No. 148 situated in Mauza Rampur, Benipatti in the District of Madhubani, which is a public road, but the same has been encroached upon by different persons. A representation in this regard was submitted to the Circle Officer, Benipatti, respondent No. 4 on 07.12.2009, as contained in Annexure-1. Consequently, vide Memo No. 4 dated

Patna High Court CWJC No.15864 of 2013 (2) dt.28-04-2017 2/3 09.01.2010, the Circle Officer, Benipatti directed the Anchal Amin for the measurement of the land in question. The Anchal Amin submitted the report to the Circle Officer, Benipatti, as contained in Annexure-2 suggesting that the road has been encroached. Consequently, the Circle Officer, Benipatti requested the Sub-Divisional Officer, Benipatti to depute Block Agriculture Officer as Magistrate for removal of encroachment from the land bearing Khesra No. 148 situated in Mauza Rampur, Benipatti in the District of Madhubani, as contained in Annexure-3. The SubDivisional Officer, Benipatti, in response to the request made by the Circle Officer, vide Memo No. 156 dated 28.02.

2012 deputed Block Agriculture Officer, Benipatti as Magistrate for removal of the encroachment over the land in question. The Sub-Divisional Officer has also requested the Sub-Divisional Police Officer, Benipatti to depute armed forces for maintaining law and order while removing the encroachment over the land in question. It is submitted by learned counsel for the petitioner that till date the encroachment has not been removed. Considering the nature of relief as sought for and the order this Court proposes to pass, this Court does not find it necessary to issue notice to the private respondent Nos. 5 to 7.

Patna High Court CWJC No.15864 of 2013 (2) dt.28-04-2017 3/3 with liberty to the petitioner to submit appropriate application before the respondent No 4 the Circle Officer, Benipatti, ventilating the grievances within a period of four weeks from today. It is expected from the respondent No. 4 to dispose of the representation of the petitioner with speaking order within four weeks of submission of application. If the respondent No. 4 arrives at a conclusion that the public road has been encroached upon, then the encroachment proceeding, if not already been initiated, shall be initiated and taken to its logical conclusion, within a period of three months, after giving due opportunity of hearing, to all the affected persons, under the provisions of Bihar Public Land Encroachment Act, 1956.

Accordingly the application is disposed of.

(Dinesh Kumar Singh, J) Shageer/- U