RAM NARESH SINGH S/O LATE TRIVENI SINGH R/O VILLAGE+ P.O Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA

JUDGEMENT

(1.) By this writ petition, petitioners challenge the order passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur dated 08.10.2013 as contained in Annexure 2 in BLDR Appeal No. 337 of 2012 (State of Bihar Vs. Ram Naresh Singh & Ors.) . Amendment application has been filed being I.A. No. 830 of 2014, by which petitioners have brought on record the subsequent orders directing them to vacate, demolish and remove their houses pursuant to order of the Divisional Commissioner. A counter affidavit has been filed by the State taking stand that the order of the D.C.L.R. has merely been set aside. Divisional Commissioner has not decided the rights of the parties. Amendment application aforesaid is allowed. Let it be treated as a part of the main writ petition.

(2.) Heard the parties and with their consent this writ petition is being disposed of at this stage itself.

(3.) Petitioners have small holdings and are residing in houses built by them. Circle Officer (respondent no.4) filed an application before the D.C.L.R. under the Bihar Land Dispute Resolution Act, 2009 (for short 'the Resolution Act'), inter-alia, alleging that these petitioners have encroached upon government land and as such they should be ordered to vacate the same. Petitioners were noticed. Petitioners appeared and produced before the D.C.L.R. reports and copies of recent revisional survey, wherein these plots were specifically shown in possession of the petitioners. A public road was shown else where in the neighbourhood. What the Circle Officer mischievously was trying to do, was relying upon the original revisional survey showing that there existed a road, which as per new revisional survey was occupied by the petitioners.