IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15413 of 2010
SUJAY KUMAR PANDEY son of Sri Ram Ekbal
Pandey, resident of village Nisarapura, P.O. Amarpura,
Police Station Naubatpur, District Patna ... Petitioner
Versus
1. THE STATE OF BIHAR,
2. District Magistrate, Patna,
3. Sub-Divisional Magistrate, Danapur, District-Patna
4. Executive Engineer, Irrigation, Khagaul Division,
Patna,
5. Sub-Divisional Officer, Sone Canal Sub-Division,
Naubatpur, Patna,
6. Executive Engineer, P.W.D., Patna,
7. Anchal Adhikari, Naubatpur, District Patna,
8. Saroj Shahson of Yogendra Shah, Resident of Village
Bhawan Chawk, Police Station Naubatpur, District
Patna,
9. Suraj Singh son of Devendra Singh, Resident of
Village Avopur, Police Station Naubatpur, District
Patna,
10. Nandu Sharma son of late Chitradev Singh, resident of
village Abharanchak, Police Station, Naubatpur,
Distirct Patna,
11. Ram Vinay Kumar Gupta,
12. Raj Kumar Shah,
13. Anil Shah,
14. Kanchan Shah,
15. Sunil Shah
All (11 to 15) are sons of Indra Shah, resident of
Village Nisarpura, Police Station, Naubatpur, District
Patna,
16. Ram Anju Singh son of Late Ram Bachchan Singh,
resident of village Aropur, Police Station Naubatpur,
District Patna,
17. Manish Kumar son of Late Rajendra Singh, resident of
Village Nisarpura, Police Station Naubatpur, District
Patna.
... Respondents
For the Petitioner: Mr. Jitendra Pd. Singh, Advocate,
For the State : Mr. R.C. Bharti, SC 14
For Private Respondents: Mr. Rana Ishwar Chandra, Advocate
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6 08.12.2010 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for some of the
private respondents.
According to the petitioner, some public land,
which was being used for irrigation and movement of water
to meet the needs of public, has been encroached upon by
ten persons, who have unauthorisedly constructed shops and
houses over the said land and hence the State should take
action to evict the encroachers so that the villagers and
residents may use their public rights of user of the land as
Nala or Aahar.
From the counter affidavit filed on behalf of the
State, it appears that a preliminary inquiry has already been
held leading to Encroachment Case No. 1/2010-11 before
the Anchaladhikari, Naubatpur (Patna). The notice issued by
the Anchaladhikari dated 26.10.2010 against the alleged
encroachers has been annexed as Annexure E to the counter
affidavit.
Learned counsel for the private respondents wants
time to raise appropriate defence on behalf of the private
respondents.
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However, considering the nature of the proposed
order, we do not think necessary to grant time to the private
respondents for filing a counter affidavit.
Without going into the merit of allegations made
by the petitioner, now when the appropriate authority has
initiated cases for removal of encroachment from public
land, it would be open for the private respondents to raise
their defence before the appropriate authority, who is
directed to dispose of the pending proceeding in accordance
with law without any delay, preferably within four months.
With the aforesaid direction/observation, this writ
petition is disposed of.
(Shiva Kirti Singh, J.)
(Dr. Ravi Ranjan, J.)
SC