GOVERDHAN DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for issuance of certain direction to the respondents by way of issuing a writ in the nature of mandamus to remove the illegal constructions/hutment put up by way of encroachment at the hands of trespassers over the land appertaining to khata nos. 450, 271, 270, 271, 450, 610, 830 and corresponding khesra no. 1502, 1505, 1506, 1504, 1481, 1480, 1507, 1510, 1572, 1478, 1479, 1508,1509, 1477, 310, 309, 308, 1487, 1488, 1489, 1490, 1491, 379, 380, 366, 367, 369, 368, 376, 375, 1457, 374, 370, 372, 243 to 252 measuring an area of 20 bigha, 9 kathas, 5 Dhur failing within Mauza -tatarpur Lal -kothi, Ward no. 17 Holding no. 1/3A at Bhagalpur Municipality, District -Bhagalpur, Jamabandi no. 13, which has been the lands of attachment under section 146(1) of the Cr. P.C. vide order dated 23.01.1981 passed by the Sub -divisional Magistrate, sadar, District -Bhagalpur in the Misc. Case No. 811/1980. The petitioner further seeks issuance of a writ in the nature of prohibition for not raising any constructions over the aforesaid land and prohibiting any individual for alienating the aforesaid landed properties in the favour of outsiders and hand over possessions of the vacated land from the encroachers to the petitioner.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner is the legal heir of the raiyat namely Govind Das Shastri who has inherited the aforesaid land from his fore -father whose names find place in the records of right since 1904 itself and in the year 1980 a person namely Arun Kumar and others claiming to be the rightful owners of the aforesaid properties filed a Misc. Case No. 604/80 and 811/80 in the Court of Sub -divisional Judicial Magistrate, Sadar Bhagalpur praying, inter alia, the imposition of Section 144 of the Code of Criminal Procedure (hereinafter referred to as "the Code") over the aforesaid land, and moreover, to declare the possession in his favour. Learned Sub -divisional Judicial Magistrate having seen of emergent situation prevailing over the land passed an order of attachment under Section 146(1) of the Code over the entire chunk of lands as stated hereinabove and the aforesaid proceeding is still going on between the concerned parties.

(3.) THE aforesaid Govind Das Shastri filed a detailed application on 25.11.1999 in Misc. Case No. 811 of 1980 before the Sub -divisional Magistrate, Sadar Bhagalpur highlighting therein several issues including the illegal construction/encroachment over the land and prayed for removal of the same. On the application filed by Govind Das Shastri, the Subdivisional Judicial Magistrate, Sadar Bhagalpur directed the Anchal Amin and the Circle Officer to take appropriate steps and submit report thereof to the Court. The Anchal Amin of the area conducted the spot inquiry over the land and submitted his detailed report to the Circle Officer on 15.04.2005 wherein he has discussed about the then physical status of the land and, accordingly, the Circle Officer, Jagdishpur vide his Letter No. 411 dated 13.05.2005 submitted the report to the Sub -divisional Magistrate, Sadar Bhagalpur, the Sub -divisional Magistrate, Sadar Bhagalpur after receiving the report submitted by the Circle Officer, Jagdishpur became aware about the present status of the land and vide his Letter No. 187 and 69 issued on 31.01.2006 and 16.09.2007 respectively directed the respondent no. 7 to remove the encroachment forthwith and submit the report thereof to him for the full compliance of the order. But despite the same, the alleged encroachment over the land has not been removed till date.