IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4582 of 2010
1. RAM NANDAN PRASAD S/O LATE RAM CHANDRA PRASAD R/O
MOH.- RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
Versus
1. THE STATE OF BIHAR, THROUGH THE SECRETARY OF URBAN
DEVELOPMENT GOVT. OF BIHAR, PATNA
2. THE SECRETARY DEPTT. OF REVENUE AND LAND REFORMS,
GOVT. OF BIHAR, PATNA
3. THE COLLECTOR GAYA
4. THE SUB DIVISIONAL OFFICER TEKARI, GAYA
5. THE CIRCLE OFFICER-CUM-EXECUTIVE OFFICER NAGAR
PANCHAYAT, TEKARI, GAYA
6. RAMASHISH SHARMA S/O LATE LAXMI NARAIN SINGH R/O
MOH.- RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
7. MALTI DEVI W/O SIDHI SINGH R/O MOH.- RIKABGANJ, P.O. &
P.S.- TEKARI, DISTT.- GAYA
8. BRIJNANDAN SINGH S/O LATE CHHOTAN SINGH R/O MOH.-
RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
9. TETAR SAO S/O LATE KARAMCHAND SAO R/O MOH.-
RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
10. PRAMILA DEVI W/O LATE SURENDRA SINGH R/O MOH.-
RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
11. SHIVNANDAN PRASAD S/O LATE BINDESHWARI PRASAD R/O
MOH.- RIKABGANJ, P.O. & P.S.- TEKARI, DISTT.- GAYA
12. TATA TELE SERVICES LIMITED, THROUGH THE NODAL
OFFICER MAHARAJA KAMESHWAR COMPLEX, 2ND FLOOR,
FRAZER ROAD, PATNA
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02. 03.03.2011 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner alleges illegal encroachment of
Government lands by construction of a Mobile tower by
a private service provider, M/s Tata Tele Services
Limited on lands identified as plot no. 2656 (old) 75
(new) 67 (gh) (part of plot no. 2656/75) at Mohalla-
Rikabganj, Nagar Panchayat- Tekari.
It is submitted that the lands belonged to
2
the Government and were being utilized by villagers for
draining water which used to accumulate it in the
ditch.
Learned counsel for the State very fairly
acknowledges that this cannot be described as
drainage in a civil society which requires a proper
system of drainage. He further acknowledges that no
third party construction can come up on Government
lands without proper authorization in accordance with
law.
Let the District Magistrate, Gaya examine
the contentions of the petitioner and take appropriate
remedial action as may be needed on both counts so
that citizens did not suffer.
Let appropriate action as found applicable in
the law be done within a maximum period of six weeks
from the date of receipt/production of a copy of this
order.
The application stands disposed.
P.K. ( Navin Sinha, J.)