IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7199 of 2006
TAPESHWAR KAMTI, SON OF LATE PHUSI KAMTI, R/O
SINGHIA, THANA SINGHIA, DIST. SAMASTIPUR.
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT COLLECTOR, SAMASTIPUR.
3. THE SUB DIVISIONAL OFFICER, ROSERA, SAMASTIPUR.
4. THE LAND REQUISITION OFFICER, ROSERA, SAMASTIPUR.
5. THE CIRCLE OFFICER, SINGHIA ANCHAL, ROSERA,
SAMASTIPUR.
6. SITA RAM SINGH, SON OF LATE RAM PUKAR SINGH, R/O
SINGHIA, P.S. SINGHIA, DIST. SAMASTIPUR.
For the petitioner : Mr. Dhananjay Kr. Singh, Advocate.
For the State : M/s. V.M.K. Sinha, AAG-13, Sanjana, AC to AAG-13.
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02. 11.04.2011 Heard learned counsel for the petitioner and
the State.
2. Petitioner is raiyat of plot no.5306
measuring 0.0.8 dhurs carved out of old plot no.4706 in
village Singhia within Rosera sub-division of
Samastipur district. He has filed this writ petition for a
direction to the respondent authorities to ensure
removal of encroachment made over the aforesaid land
by Sita Ram Singh, respondent no.6. In this connection,
he also relied on the report submitted by the Anchal
Amin dated 15.3.2003, Annexure-3. Appreciating the
report of the Anchal Amin the Circle Officer, Singhia
and the Sub-Divisional Officer, Rosera passed orders
for removal of encroachment but till date the
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encroachment made over the lands in question by
respondent no.6 has not been removed. Petitioner has
filed this writ petition praying inter alia to direct the
respondent authorities to ensure removal of
encroachment from the lands in question.
Encroachment made by respondent no.6 is over plot no.
plot no.5306 measuring 0.0.8 dhurs which is carved out
from old plot no.4706, which is raiyati land, as such, in
my opinion, the revenue authorities including the civil
administration has no jurisdiction to pass orders for
removal of encroachment made by respondent no.6.
3. The writ petition is, accordingly, disposed
of granting liberty to the petitioner to file suit before
the civil court of competent jurisdiction for declaration
of title and recovery of possession over plot no.5306
measuring 0.0.8 dhurs which has been carved out of old
plot no.4706 of village Singhia. In the suit petitioner
should also apply for grant of interim injunction
restraining respondent no.6 for raising any further
construction over the lands in question.
Rajesh/ (V. N. Sinha, J.)