Om Prakash Sahni, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24139 of 2019 ====================================================== 1.

Om Prakash Sahni, Son of Lalman Sahni, Resident of Village - Godigawan, Ward No. -02, P.S.- Sugauli, District- East Champaran. 2.

Wakil Sahni, S/o Hari Shankar Sahni, Resident of Village - Bhawanipur, Ward No. - 06, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

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

3.

The Collector of East Champaran at Motihari Sadar at Motihari. 4.

The Deputy Collector of Land Reforms, Motihari Sadar at Motihari. 5.

The Sub-Divisional Magistrate, Motihari, Sadar at Motihari. 6.

The Circle Officer / Anchaladhikari at Sugauli, East Champaran. 7.

The Officer-in-charge of Sugauli Police Station, District- East Champaran. 8.

Sugan Yadav, Son of late Nathu Yadav, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 9.

Asharfi Yadav, son of Sitam Yadav, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 10.

Ram Ayodhya Sahni, Son of Atibal Sahni, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 11.

Jagdish Sahni, son of Risal Sahni, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 12.

Musmat Sawariya, wife of Late Rajendra Sahni, resident of VillageGarigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 13.

Devilal Sahani, S/o Chalitar Sahani, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. 14.

Sukhari Sahani, S/o Lakhichand Sahani, resident of Village- Garigawan, (Sugawan Tola) P.S.- Sugauli, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Singh, Adv.

Mr. Rakesh Kumar No.1, Adv.

For the Respondent/s :

Mr. Arun Kr. Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2019 Heard learned counsel for the parties.

Patna High Court CWJC No.24139 of 2019(2) dt.05-12-2019 2/3

2. The petitioners' grievance relates to alleged encroachments made by private respondents no. 8 to 14 over a public land bearing Khata No. 137/ 1165, Plot No. 396, Thana No. 31 under Panchayat Sugaon North, Tola Gorigawa (Mahabir Ganj Bazar) under Sugauli Anchal of East Champaran. The petitioners are seeking a direction for removal of encroachment from the said land which is a public land according to them and is being used for public purpose like holding of Mela and Haat/Bazar.

3. It appears that petitioner no. 2 had made an application before the Circle Officer, East Champaran on 11.06.2015 in this regard for removal of encroachments.

4. My attention has been drawn to Annexure-2 to the writ application, which is a report submitted by the Revenue Clerk, Sugauli addressed to the Circle Officer, Sugauli relating to encroachments made over the said land, which, according to him also, is a public land. It also appears that the Circle Officer has issued notices to some of the encroachers, as is evident from Annexure-3 of the writ application and an encroachment case has been registered as Encroachment Case No. 09 of 2015-16.

5. Learned counsel appearing on behalf of the petitioners has submitted that some of parties have appeared

Patna High Court CWJC No.24139 of 2019(2) dt.05-12-2019 3/3 before the Circle Officer and are relying on certain documents/ pattas said to have been issued by Bettiah Raj of settling the lands in question in their favour, which do not appear to be genuine. He contends that despite notice issued by the Circle Officer to the Manager of Bettiah Raj, they are not appearing before the Circle Officer in the encroachment proceeding.

6. Encroachment over a public land can be removed in accordance with the procedure prescribed under Bihar Public Land Encroachment Act, 1956. Once the Circle Officer reaches a conclusion that the land in question is a public land within the meaning of the Act, he has statutory obligation to proceed in the matter for removal of encroachment in accordance with law.

7. This application is disposed of with the observation that let Encroachment Case No. 09 of 2015-16 be expeditiously concluded preferably within a period of six months from the date of receipt/ production of a copy of this order. The District Magistrate, East Champaran is also directed to ensure and monitor conclusion of the said encroachment case, within the period indicated above.

(Chakradhari Sharan Singh, J) Rajesh/- U