Awadh Kishore Prasad Singh vs State Of Bihar &Amp; Ors. on 26 October, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   MJC No.3075 of 2010
                     AWADH KISHORE PRASAD SINGH, son of late Kailash Singh,
    resident of     village + PO Kewali, PS Kawacol District Nawadah
    ..Petitioner
                                               Versus
             1. STATE OF BIHAR through the Principal Secretary, Department of
                Rural Development, Government of Bihar,               namely, Anup
                Mukherjee
             2. The Principal Secretary, Department of Rural Development,
                Government of Bihar, namely, Anup Mukherjee
             3. The Secretary, Department of Irrigation, Government of Bihar, Patna
                namely, Ajay Nayak
             4. The District Magistrate, Nawadah, namely, Mrs. Shafina A.N. wife
                of name not known to the petitioner
             5. The Superintendent of Police, Nawadah, namely, Shri G. P. Sinha,
                son of name not known to the petitioner
             6. Additional District Magistrate, Nawadah, namely Shri Ram Ekbal
                Sharma, son of name not known to the petitioner
             7. Circle Officer, Kawacol, District Nawadah, Shri Bharat Bhushan,
                son of name not known to the petitioner
             8. Sub-divisional Officer, Nawadah, namely, S.Z. Hassan, son of name
                not known to the petitioner
             9. Block Development Officer, namely, Ashok Kumar, son of name not
                known to the petitioner                 .....Opposite Parties

                                                -----------

3 26-10-2010 Heard learned counsel for the

petitioner and learned counsel for the State.

We have no reasons to doubt the

statement made in the show cause supported by

affidavit of Opposite Party no.6, Additional

Collector, Nawadah to the effect that

encroachment by way of cultivation in the river

Dakhtari has been removed on a particular date.

The petitioner insists that the
2

encroachment is still subsisting. It may be a case

of renewed encroachment by the neighboring

farmers. The petitioner would be at liberty to

approach the District Magistrate or the Collector

under the Act for taking further steps in the

matter in accordance with law. If so advised, the

petitioner may also approach the higher

authorities for desilting or widening the river

Dakhtari. If such a representation is filed, the

same shall be considered on its own merit by the

concerned authorities. This contempt application

is finally disposed of.

(Shiva Kirti Singh, J.)

BKS/- (Hemant Kumar Srivastava, J.)