ASHOK KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application, filed under Article 226 of the Constitution of India, in the nature of public interest litigation, the petitioner is seeking direction to State respondents to remove encroachments caused by certain persons over Government Barhi Bandh as well as joint road at NH-57 situated at Mauza Runipur Thana No. 575, Plot No. 32 new Plot No. 95 under Darbhanga Block, Darbhanga.

(2.) According to the petitioner, the land in question is a public land. The question of removal of encroachment from public land in a public interest litigation proceeding has been extensively dealt with by a Division Bench of this Court in the case of Sanjay Jha Vs the State of Bihar, reported in 2016(1) PLJR 248, wherein general instructions were issued to be followed by all concerned in accordance with the statutory requirement under Sec. 133(1) of the CrPC. In the case of Sanjay Jha (supra), this court has noted that disobedience of an order under Sec. 133 of the CrPC attracts penal provisions of Sec. 188 of the IPC. For the benefit of quick reference paragraph 25 of this Court's decision in the case of Sanjay Jha (supra) is being reproduced hereinbelow: -

(3.) As has been held in the case of Sanjay Jha (supra), it is observed that the petitioner has an alternative and efficacious remedy available under the CrPC, as envisaged under chapter 10(b) of the Code and the Magistrate under the said chapter is vested with adequate authority to deal with the situation as complained by the petitioner in the present writ application.