JULAMI BHAGAT Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Heard learned Counsels for the petitioner and the respondent-State.

(2.) The present Writ application has been filed for a direction to the respondent authorities to get the encroachment removed from PWD road which connects N.H.-57, Kansi to Dalawan appertaining to New Plot Nos. 351, 352, 347, Thana No. 117, Mauja-Shahapur Kansi, District - Darbhanga.

(3.) It is submitted by learned counsel for the petitioner that for removal of encroachment from the land in question the petitioner submitted representation before the Respondent No.3, Circle Officer, Sadar,Darbhanga as well as Respondent No.2, the Sub-Divisional Officer, Sadar, Darbhanga, on 01.02.2018 and 05.02.2018 respectively, as contained in Annexure-1 series. Consequently, the Circle Officer called for a report from the Anchal Amin, who after measuring the land in question, submitted the report on 07.03.2018, as contained in Annexure-2, wherein, it has been stipulated that altogether 12 persons have encroached the land in question by constructing their houses and shops over the said land/road. Despite the specific report of the Anchal Amin, neither any proper proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') has been initiated nor the encroachment has been removed from the land in question. Hence, the present writ application.