IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6997 of 2006
ANJAY KUMAR, S/O- SRI JAWAHAR LAL CHAUDHARY,
RESIDENT OF VILLAGE AND P.O. TURKI, KHARARU, WEST P.S. MEENAPUR, DISTT-
MUZAFFARPUR :----PETITIONER.
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, MUZAFFARPUR.
3. THE DEPUTY DEVELOPMENT COMMISSIONER,
MUZAFFARPUR.
4. THE SUB DIVISIONAL OFFICER, MEENAPUR, MUZAFFARPUR.
5. THE BLOCK DEVELOPMENT OFFICER, MEENAPUR,
MUZAFFARPUR.
6. THE CIRCLE OFFICER, MEENAPUR, MUZAFFARPUR.
7. THE MUKHIYA TURKI KHARARU GRAM PANCHAYAT
MEENAPUR BLOCK, MUZAFFARPUR :---RESPONDENTS.
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2. 11.04.2011. Heard learned counsel for the petitioner and the
State.
2. Petitioner is the raiyat of Plot No. 4615
measuring an area of 21 decimals in Village- Turki Khararu
within Minapur Block of Muzaffarpur, West Sub-Division.
He has filed this writ application asserting that portion of
the aforesaid land has been encroached by the
Administration so as to maintain the width of the road
bearing Plot No. 4638 as portion of the said road to the
extent of five links has been encroached by the raiyat of
Plot No. 4645. In this connection it is further pointed out
that lands to the extent of 30 links has been encroached in
Plot No. 4615 by filling soil over the same with the aid and
assistance of Mukhiya and his men in collusion with the
local administration. Petitioner has highlighted the
aforesaid encroachment made over his land by the
authorities under representation dated 15.05.2006 which
is addressed to the District Magistrate, Deputy
Development Commissioner, Muzaffarpur and Block
2
Development Officer, Minapur in the district of
Muzaffarpur.
3. It is submitted on behalf of the petitioner that
aforesaid representation has remained pending even during
the pendency of the writ petition for over four years.
4. Having heard counsel for the petitioner and the
State, I direct the petitioner to serve a copy of the
representation dated 15.05.2006, Annexures-2,2/A and
2/B to the Circle Officer, Minapur who should proceed to
measure the road over Plot No. 4638 as also the
encroachment made over the same by the adjoining raiyat
and having measured the road to clear the same to the
extent width of the road is provided in the village map. Any
encroachment made over the road by the raiyat of Plot No.
4645 or any of the adjoining plot holder including Plot No.
4615 should also be cleared so as to maintain the width of
the road laid over Plot No. 4638 by providing the width as
indicated in the village map throughout. Necessary
compliance of this order be made by the Circle Officer, as
early as possible, in any case within a period of two months
from the date of receipt of the representation dated
15/16.05.2006 along with a copy of this order.
5. The writ petition is, accordingly, disposed of.
( V.N.Sinha, J.)
P.K.P.