ANIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In view of the nature of order this Court intends to pass, this Court neither inclined to adjourned the matter any further, nor inclined to issue notice to private respondent no.4.

(2.) The present writ application has been filed for quashing the order dtd. 15/3/2018/26/3/2018, passed in Encroachment Case No. 03 of 2017-18, by respondent no.3, the Circle Officer, Lakhisarai, as contained in Annexure-5(series), whereby 67 persons, including the petitioners, were directed to remove the encroachment within fifteen days from the land, appertaining to Thana No. 125/1, Khata No. 475, Plot no. 497, measuring an area of 70 decimals, Khata Nos. 477, 426 and 427, Plot Nos. 308, 344, 345 and 496, measuring an area of 6.1839 decimals and Khata No. 477, Plot No. 496, measuring an area of 43.14 decimals, situated in Mauza Mathar Khagaur, under the premises of K.R.K. High School, Lakhisarai, failing which, it has been directed that the encroachment will be removed by deployment of police force and cost of removal of such encroachment will be realized from the encroachers. Further prayer has been made for quashing the notice dtd. 31/3/2018, issued under the signature of respondent no.3, the Circle Officer, Lakhisarai, as contained in Annexure-5(series), whereby, the petitioners have been directed to remove the encroachment from the land appertaining to Thana No. 125/1, Plot No. 497, situated in Mauza Mathar Khagaur, District Lakhisarai, within a period of two weeks, failing which, the petitioners will be liable to be prosecuted for the offences punishable under Sec. 188 of the IPC.

(3.) It is submitted by learned counsel for the petitioners that in pursuance to a complaint made by one Yugal Kishore Khetan, being the heirs of donee of the land in question to K.R.K. High School, Lakhisarai, The Lokayukta, Bihar, vide order dtd. 15/11/2017, as contained in Annexure-1, directed respondent no.3, the Circle Officer, Lakhisarai to initiate a proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') for removal of the encroachment from the land in question and to conclude such proceeding within a period of six weeks. Consequently, the impugned order dtd. 15/3/2018/26/3/2018 have been passed.