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Patna High Court – Orders
Prabhash Kumar Jha vs The State Of Bihar &Amp; Ors on 20 December, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CWJC No.17175 of 2010
                     PRABHASH KUMAR JHA son of Sri Jai Shankar Jha,
                     resident of Village:- Singhwara, P.S. Singhwara, District :-
                     Darbhanga..                                   ..Petitioner.
                                              Versus
                       1. THE STATE OF BIHAR,
                       2. The Chief Secretary, Govt. Of Bihar at Patna,
                       3. The Principal Secretary, Gram Panchayati Raj
                           Department, Govt. of Bihar, at Patna,
                       4. The Commissioner, Darbhanga Division, District,
                           Darbhanga,
                       5. The Collector, District-Darbhanga, District-
                           Darbhanga,
                       6. The Superintendent of Police, Darbhanga,
                           P.S.+District-Darbhanga,
                       7. The Sub-Divisional Officer, Darbhanga, District,
                           Darbhanga,
                       8. The Block Development Officer, Block, Singhwara,
                           P.S. Singhwara, District, Darbhanga,
                       9. The Circle Officer, Singhwara, P.S. Singhwara,
                           District, Darbhanga,
                       10. The Officer-in-Charge, Singhwara Police Station,
                           P.S. Singhwara, District, Darbhanga..
                                                               ..Respondents.
                       For the petitioner: Mr. Ranjan Kr. Jha, Advocate
                       For the State:      Mr.Prabhakar Kr. Tekrimal, G.A.1


4   20.12.2010

Heard the parties.

Learned counsel for the petitioner has placed

reliance on Annexure 4 and has submitted that the main

grievance of the villagers has been articulated by the Mukhia

in Annexure 4, according to which one Narayan Sah, son of

late Muneshwar Sah has encroached upon public land which is

obstructing construction of a road leading to cremation
2

ground.

On behalf of the State, reliance has been placed

upon statement made in Paragraph 5 of the counter affidavit,

according to which although Khasra No.4080 (old) and 8049

(new) which is the concerned land, has been declared as

“Anabad Bihar Sarkar” but against such entery, Narayan Sah

has filed survey case No.618/2006 before the Survey

Settlement Officer, Darbhanga which is pending and,

therefore, the authorities do not feel justified in treating the

possession of Narayan Sah as that of an encroacher and in

taking steps for his removal.

It would not be proper for this Court to venture into

relevant issues of facts in writ petition filed as PIL. Hence,

the petition is disposed of with a liberty to the petitioner that if

so advised, he or other villagers may intervene in the pending

matter before Survey Settlement Officer, Darbhanga in

representative capacity or they may file a representative suit

seeking removal of encroachment on the land concerned.

It goes without saying that since on the public road

in question the authorities have found that some other persons

have made encroachments and hence proceedings have been

initiated for their removal, those proceedings should continue
3

and efforts should be made to dispose of the same in

accordance with law without any delay.

Shiva Kirti Singh, J)

(Dr. Ravi Ranjan, J)
Sanjay-II


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