JAWAHEER RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jai Prakash Singh, learned counsel for the petitioner and Mr. Kumar Manish, learned SC-5 appearing for the State-respondents.

(2.) The present Writ application has been filed for a direction to the respondent authorities to implement the order dated 14.02.2013 passed in Land Disputes Resolution Case No. 123/2012- 13 by Land Reforms Deputy Collector, Bikramganj, Rohtas, whereby he has directed respondent no. 4, Circle Officer, Bikramganj to remove the encroachment from the land appertaining to Khata No. 193, Plot Nos. 461 and 479 in pursuance to final order dated 15.03.2005 passed in Encroachment Case No. 01/2004-05.

(3.) It is submitted by learned counsel for the petitioner that the land appertaining to Khata No. 193, Plot Nos. 461 and 479 is recorded as Anabad Bihar Sarkar. The nature of the land is Aam Rasta. The said land is adjacent to the raiyati land of the petitioner. Hence, the petitioner and other villagers use the land in question as Aam Rasta. On the application of the petitioner, Encroachment Case No. 01/2004-05 was initiated by respondent no. 4, Circle Officer, Bikramganj. After getting report from Halka Karamchari and getting the land measured, the Circle Officer passed the final order in Encroachment Case No. 01/2004-05 on 15.03.2005 and directed the encroachers to remove the encroachment.