High Court Patna High Court - Orders

Tapeshwar Kamti vs The State Of Bihar &Amp; Ors on 11 April, 2011

Patna High Court – Orders
Tapeshwar Kamti vs The State Of Bihar &Amp; Ors on 11 April, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CWJC No.7199 of 2006
                      TAPESHWAR KAMTI, SON OF LATE PHUSI KAMTI, R/O
                      SINGHIA, THANA SINGHIA, DIST. SAMASTIPUR.
                                           Versus
                    1. THE STATE OF BIHAR
                    2. THE DISTRICT COLLECTOR, SAMASTIPUR.
                    3. THE SUB DIVISIONAL OFFICER, ROSERA, SAMASTIPUR.
                    4. THE LAND REQUISITION OFFICER, ROSERA, SAMASTIPUR.
                    5. THE CIRCLE OFFICER, SINGHIA ANCHAL, ROSERA,
                       SAMASTIPUR.
                    6. SITA RAM SINGH, SON OF LATE RAM PUKAR SINGH, R/O
                       SINGHIA, P.S. SINGHIA, DIST. SAMASTIPUR.

            For the petitioner : Mr. Dhananjay Kr. Singh, Advocate.
            For the State : M/s. V.M.K. Sinha, AAG-13, Sanjana, AC to AAG-13.
                                                    -----------

02. 11.04.2011 Heard learned counsel for the petitioner and

the State.

2. Petitioner is raiyat of plot no.5306

measuring 0.0.8 dhurs carved out of old plot no.4706 in

village Singhia within Rosera sub-division of

Samastipur district. He has filed this writ petition for a

direction to the respondent authorities to ensure

removal of encroachment made over the aforesaid land

by Sita Ram Singh, respondent no.6. In this connection,

he also relied on the report submitted by the Anchal

Amin dated 15.3.2003, Annexure-3. Appreciating the

report of the Anchal Amin the Circle Officer, Singhia

and the Sub-Divisional Officer, Rosera passed orders

for removal of encroachment but till date the
2

encroachment made over the lands in question by

respondent no.6 has not been removed. Petitioner has

filed this writ petition praying inter alia to direct the

respondent authorities to ensure removal of

encroachment from the lands in question.

Encroachment made by respondent no.6 is over plot no.

plot no.5306 measuring 0.0.8 dhurs which is carved out

from old plot no.4706, which is raiyati land, as such, in

my opinion, the revenue authorities including the civil

administration has no jurisdiction to pass orders for

removal of encroachment made by respondent no.6.

3. The writ petition is, accordingly, disposed

of granting liberty to the petitioner to file suit before

the civil court of competent jurisdiction for declaration

of title and recovery of possession over plot no.5306

measuring 0.0.8 dhurs which has been carved out of old

plot no.4706 of village Singhia. In the suit petitioner

should also apply for grant of interim injunction

restraining respondent no.6 for raising any further

construction over the lands in question.

Rajesh/                            (V. N. Sinha, J.)