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
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
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)