Arbind Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25415 of 2019 ====================================================== 1.

Arbind Prasad S/o Anugah Bhagat Resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur 2.

Brajesh Kumar S/o Suresh Singh Resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur 3.

Bablu Saw S/o Nepali Saw Resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur 4.

Deepak Kumar S/o Sri Munna Singh Resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar District Magistrate, Bhojpur, Ara 2.

The District Magistrate Bhojpur, Arrah 3.

The Chief Secretary Water Resources Department, Bihar, Patna 4.

The Circle Officer Koilwar, Bhojpur 5.

Lalan Ram s/o Late Hargobind Ram resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur 6.

Bijendra Ram S/o Lalan Ram resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur 7.

Hareram Ram S/o Lalan Ram resident of Village- Khangaon, P.s.- Koilwar, Distt.- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Bhardwaj, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2019 Learned counsel for the petitioner has drawn my attention to an order of this Court dated 02.05.2018, passed in CWJC No. 7918 of 2018 and has submitted that in respect of some piece of land, which is subject-matter of the present writ application, authorities have been asked to take steps for removal of encroachment in accordance with law. Following is

Patna High Court CWJC No.25415 of 2019(2) dt.19-12-2019 2/2 the relevant part of the said order :- "In the circumstances, it is expected from respondent no. 4, the Circle Officer, Koilwar to examine the Revenue Records and if need be, conduct spot verification and measure the land in question, whereupon, if it appears to him that the land in question is a public land and the same has been encroached upon then he will initiate a proceeding under the Act forthwith, if the same has already not been initiated, and take such proceeding to its logical conclusion within a period of three months from its initiation, after giving due opportunity of hearing to all affected persons, in accordance with the provisions of the Act."

Learned counsel for the petitioner has submitted that despite order of this Court dated 02.05.2018, nothing substantial has so far been done. If an order of this Court is being defied by the authorities, they may be held liable for contempt of the Court, in appropriate proceeding.

This writ application is disposed of in terms of the said order dated 02.05.2018, passed in CWJC No. 7918 of 2018. (Chakradhari Sharan Singh, J) Rajesh/- U