NAYYER IQBAL Vs. AWADESH SINGH AND ORS.

JUDGEMENT

(1.) The instant appeal is filed by respondent No. 2, in C.W.J.C. No. 2965 of 2009, against the order, dated 09.10.2013, whereby a learned single Judge has directed the Principal Secretary, Department of General Administration, Government of Bihar, to initiate a departmental proceeding against him for major punishment. The learned single Judge, while making the aforesaid direction, observed that the appellant (respondent No. 2 in the writ petition), knowingly and intentionally, violated the interim order, dated 04.08.2009, whereby the authorities were restrained from taking any coercive measures for demolition of the writ petitioner's building. The learned single Judge also directed that the departmental proceeding must be initiated within a period of one month from the date of receipt of a copy of the order and that the proceeding so initiated shall be concluded within six months from the date of framing of charge. The learned single Judge further directed that in case a suit is filed by the writ petitioners and if he succeeds in obtaining a decree in the suit, that he had right, title and possession over the portion of the building constructed over Plot No. 3065, which was demolished, he would be entitled to compensation from the appellant herein and others equally responsible.

(2.) The case has a chequered history. On an application filed by one Bindeshwar Singh, an Encroachment Case was initiated in the year 1996, alleging that one of the writ petitioners, namely, Awadhesh Singh (i.e., respondent No. 2 herein), who was owner of Plot No. 3065, situated in village Basher, taking advantage of his position, encroached upon the land covered by plot No. 3066, which was a public road. The Anchal Amin, in his report, dated 03.10.1996, stated that the writ petitioner, namely, Awadhesh Singh, had encroached upon ' Aam Rasta'(i.e., public road). The writ petitioner, namely, Awadhesh Singh, expressed his grievances in an application addressed to the Collector, Gaya, which was rejected on 29.11.1999. The revision, bearing Revision Case No. 2 of 2000, preferred before the Divisional Commissioner, also met the same fate on 13.07.2000. The writ petitioners, then, moved this Court, in C.W.J.C. No. 6837 of 2000, which was dismissed for want of prosecution vide order, dated 08.08.2003. Thereafter, a restoration application bearing M.J.C. No. 1698 of 2003 was also dismissed on 13.10.2003.

(3.) It appears that the matter was not further pursued by the local administration. However, the villagers again raked up the matter, which led to registration of Misc. Case No. 2 of 2007-08, in the Office of the Circle Officer, Atri, Gaya, wherein a notice was issued to the petitioner No. 1, namely Awadhesh Singh. Again, a notice, dated 17.03.2008, was sent to the writ petitioners directing them to remove the encroachment. However, on failure of the writ petitioners to remove the encroachment, the Circle Officer, vide letter, dated 20.02.2009, wrote to the Sub-Divisional Officer to depute a Magistrate for the purpose of removing the encroachment. The Sub-Divisional Officer, Neemchak Bathani, vide his letter, dated 21.02.2009, granted permission for removal of encroachment with a copy to all officials; yet, for some reason or the other, the removal of encroachment from public road, bearing Plot No. 3066, could not be carried out. Being aggrieved, the writ petitioners moved this Court in C.W.J.C. No. 2965 of 2009 against order, dated 21.02.2009. The interim order of status quo was passed, on 05.03.2009, by a learned single Judge of this Court. On 04.12.2010, a portion of the building of writ petitioners was demolished in presence of the Anchal Amin and the appellant herein.