DHIRAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondent-authorities to restore the demolished part of the house of the petitioner, constructed over his own land pertaining to Khata no. 845, Plot no. 4152, Mauza- Aat, Village- Joga Bigha, Thana no. 377, Anchal-Ben, District-Nalanda which has been forcibly and illegally demolished on 12.06.2019 by the demolition squad on the instruction of the Circle Officer, Ben, Nalanda.

(2.) The brief facts of the case are that an encroachment proceeding bearing Encroachment case no. 07 of 2017-18 was initiated with respect to Plot no. 4120 situated at Anchal-Ben, District-Nalanda by the Circle Officer, Ben against the boundary raiyats of the said land and after sometime, the name of the petitioner was also included in the said case and notices were issued to the petitioner, whereupon he had appeared and filed his show cause as well as had assisted in measurement of the Plot in question. It is an admitted fact that upon measurement, the petitioner was found to have encroached about 140 sq. ft. of land of the said Plot no. 4120, whereafter the Circle Officer vide order dated 23.10.2017, passed in Encroachment case no. 07 of 2017-18, had directed the petitioner as well as some other persons to remove the encroachment from the said Plot no. 4120, whereupon the petitioner had himself removed the encroachment in question which is also reflected from the order dated 01.02.2018 passed by the Circle Officer, Ben and then the encroachment proceedings of Encroachment case no. 07 of 2017-18 were closed vide order dated 17.02.2018.

(3.) It appears that after sometime, one Guddu Kumar had filed a complaint before the Public Grievance Redressal Officer, Nalanda on 04.04.2018 alleging therein that one Abhay Singh had made encroachment over the aforesaid Plot no. 4120 and the Circle officer was not taking any action. The said complaint of Guddu Kumar was registered and was heard on several dates, however since the Circle Officer, Ben did not apprise the said authority properly, the proceeding was closed vide order dated 08.12.2018, passed by the District Public Grievance Redressal Forum, District-Nalanda, while recommending for imposition of penalty against the Circle Officer. The said order dated 08.12.2018 was assailed in appeal by the said Guddu Kumar before the Divisional Commissioner, Patna, which was disposed off by an order dated 05.04.2019, wherein though it has been recorded that the Circle Officer, Ben has filed a report, wherein he has stated that the encroachment over Plot no. 4120 has been removed, nonetheless, the appellate authority had directed the District Magistrate, Nalanda to constitute a committee and hold measurement of the Plot in question. Thereafter, a notice dated 04.06.2019 was sent to the petitioner herein by the Circle Officer, Ben, Nalanda in connection with the Encroachment case no. 07 of 2017-18 stating therein that a team had been constituted for holding measurement and upon measurement having been carried out, it has transpired that 1.54 decimal of the Gairmazarua Aam Public land has been encroached by the petitioner, hence the petitioner was directed to remove the house, constructed illegally within 24 hours. The petitioner is stated to have approached the Circle Officer, Ben in pursuance to the aforesaid notice dated