RAGHUNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned GP - 18 for the respondent nos. 1 to 5.

(2.) Since the Writ application was registered on 9/11/2017, but no counter affidavit has been filed till date and in view of the nature of order this Court intends to pass, this Court is neither inclined to adjourn the matter, nor inclined to issue notice to private respondent nos.6 to 11. The present writ application has been filed for a direction to respondent authorities to get the encroachment removed from the land, appertaining to Thana no. 27 Khata no. 230, Plot no.798, situated at Mouza - Bici kala District - Rohtas, which is a water channel (Karha) and is being used for the public purposes, but the same has been encroached upon by private respondent nos. 6 to 11. Further prayer has been made for removal of the water channel (Karha) from the land of the petitioner, appertaining to Khata no.- 219, Plot no.-797 situated at Mauza - Bici kala, Disrict- Begusarai, which is being used as water storage since the public land used for water storage has been encroached upon by the private respondent nos. 6 to 11.

(3.) It is submitted by learned counsel for the petitioner that the land appertaining to Plot no.-798 is recorded in the revenue records as Government land and it is being used as Karha (Water channel), but the same has been encroached upon by private respondent nos. 6 to 11, as a result, the ancestral land of the petitioner, appertaining to Plot no.-796 is being used for water storage. The petitioner submitted an application before the respondent no. 5, SHO, Dinara and respondent no. 4, the Circle Officer Dinara on 27/6/2016 and 28/6/2016 respectively, as contained in Annexures- 1 and 2 with a prayer for removal of the encroachment from the land in question, but the encroachment has not been removed. The petitioner also made a complaint before the Sub Divisional Public Grievance Redressal Officer, Bikramganj. The order dtd. 1/9/2016, as contained in Annexure-3, passed by the Public Grievance Redressal Officer, reflects that the Circle Oficer, Dinara has reported vide Letter No.l626, dtd. 19/8/2016, that he has directed the Anchal Amin and the Karmachari to get the land in question measured, but the measurement of the land cannot be done since land in question is full of water. Hence, the Circle Officer was directed to get the measurement of the land in question done after removal of the water, but till date no action has been taken by the Circle Officer. Thereafter, the petitioner filed a petition before the respondent no.3, Sub Divisional Officer, Bikramganj, Rohtas on 14/7/2016, whereupon, Case No. 530 of 2016 was registered and the Sub-Divisional Officer, Bikramganj, vide order dtd. 6/9/2016, as contained in Annexure-4, came to a finding that there is a dispute with regard to demarcation which is only possible after getting the land measured, hence, the Circle Officer was directed to conduct the measurement of the land in question, so that the issue can be resolved. In pursuance to the same, the Anchal Amin, get the measurement of the land in question done and submitted the report on 28/12/2016, as contained in Annexure-5, stipulating therein that the government land has been encroachment upon, but even then the Circle Officer neither initiated any proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act'), nor removed the encroachment from the land in question. Ultimately, the petitioner submitted a representation before the respondent no.2, the LRDC, Bikramganj, on 20/2/2017, as contained in Annexure-6, with a prayer for removal of the encroachment and for measurement of the land in question and thereafter before the respondent no.1, the District Magistrate, Rohtas on 16/8/2017, as contained in Annexure-7, but till date no action has been taken. Hence, the present writ application.