Nirbhay Prashant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18059 of 2019 ====================================================== Nirbhay Prashant S/o Bhagwan Dayal Tiwari, resident of village-Bhadwar (Nawadih), P.S.-Bagen Gola, District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Buxar.

3.

The District Education Officer, Buxar.

4.

The Sub-Divisional Magistrate, Dumraon, Buxar. 5.

The Circle Officer, Brahmpur, Buxar.

6.

The Station House Officer, Bagen Gola Police Station, Buxar. 7.

Baban Paswan, S/o Late Bansropan Paswan, resident of village-Bhadwar, PS-Bagen Gola, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nirbhay Prashant (In Person) For the Respondent/s :

Smt. Shilpa Singh (GA 12) Mr. Ranjan Kumar, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is submitting that the land appertaining to khata no. 875, khesra no 629, area .30 decimal of Mauza Bhadwar, is the land of the State of Bihar.

3. As per the petitioner, .30 decimal of land was allotted for construction of a school building, but that could not be completed on account of encroachment made over the said land by one Baban Paswan son of Late Bansropan Paswan. It

Patna High Court CWJC No.18059 of 2019(2) dt.03-09-2019 2/3 has further been submitted that for removing encroachment, the Circle Officer, Brahmpur had initiated a proceeding, vide Encroachment Case No.2/2008-09, wherein he found that the said land was under encroachment by the said person. Whereafter, a proceeding under section 144 Cr.PC. was also initiated and the Circle Officer, vide letter dated 26.02.2009, requested the Incharge of Bagen Gola Police Station, mentioning therein that Baban Paswan has encroached upon the government land which was required to be vacated. The details of the land has been given in the said letter. When the substantial action has not been taken, one Sheo Kumari Devi approached this Court in C.W.J.C. No.

16025 of 2010, raising the same plea of encroachment and the Court disposed of the matter, giving liberty that if the encroachment is still subsisting, she was given liberty to approach the proper authority. Whereafter an application has been filed by one Shanti Tiwari on 25.11.2017 to the District Magistrate, Buxar bringing all facts to his notice and requested for removing encroachment. As per the petitioner, still the said land is in illegal possession of Mr.

Patna High Court CWJC No.18059 of 2019(2) dt.03-09-2019 3/3 Paswan.

4. In such view of the matter, let the petitioner file a proper application before the Circle Officer, Brahmpur bringing all the facts to his notice and if such application is filed, the Circle Officer would initiate a proceeding of encroachment under the Bihar Public Land Encroachment Act and after giving notice to Mr. Baban Paswan and on hearing, would pass an appropriate order in accordance with law. While passing order, if it is found that the land in question is still in illegal possession of Mr. Baban Paswan, he should be evicted and land should be cleared. As has been stated, construction of school building has been below lintel level, the authority would complete the construction of the building of school, so that the educational activity be started. The Circle Officer would complete the entire process within a period of six months from the date of filing of the proper application.

5. With the above observation and direction, this petition is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U