IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE NO.13446 OF 2009
PRABHU DAYAL GOPALIKA
VERSUS
THE STATE OF BIHAR & ORS
*********
3 20/09/2011 Heard Counsel for the petitioner and the
State.
This writ application has been filed for a
direction to the respondent-Circle Officer, Bhawanipur,
Purnea to allow the petitioner to make construction on
his lands appertaining to Khata No. 845 Plot No. 4761,
measuring 35 decimals.
Since, the time the petitioner began to
construct his house etc., he was obstructed by the
Circle Officer of village Bhawanipur in the district of
Purnea on the ground that the adjoining plot belongs to
the Government hospital and the petitioner while
making the construction has tried to encroach on the
Government lands.
The petitioner had earlier come to this Court
by filing CWJC No. 10941 of 2002, which was disposed
of on 17.12.2002. From the said order of this Court, it
would appear that on several occasions, the land of the
petitioner had been measured and on each occasion, it
was found that there was no encroachment on the
Government land. However, for one reason or the other,
2
the petitioner has not been permitted to make
construction on his piece of land. The Court, therefore,
ordered that a survey knowing Pleader Commissioner
should be appointed to take the measurement in the
presence of the petitioner and the respondents.
Accordingly, an Advocate was appointed as the survey
knowing Pleader Commissioner and he made the
measurement of the plot in question and has
apparently concluded that the petitioner by raising the
construction on his plot of land is not encroaching on
the adjoining Government lands.
If this fact is true, I see no reason why the
Circle Officer should obstruct the construction of the
petitioner.
No counter affidavit has been filed on behalf
of the State.
I, therefore, give an opportunity to the State
Government to file counter affidavit within a period of
two months from today making it clear that the Circle
Officer after examining the report of the Pleader
Commission should pass an appropriate orders in
accordance with the report of the Pleader
Commissioner. The affidavit is to be filed within a
period of two months should be explicit on the facts
mentioned aforesaid.
3
Since the petitioner has been pressing his
grievances since 2002, it would be proper to list this
case after two months at the top of the list.
Let a copy of this order be handed over to Mr.
Lalit Kishore, Additional Advocate General No. I.
Anand ( Sheema Ali Khan, J.)