IN THE HIGH COURT OF JUDICATURE AT PATNA CR. W.J.C. NO.489 OF 2006 SHESH NATH GIRI, SON OF SRI RAM BICHAR GIRI, RESIDENT OF ALAMGANJ, GOSAIN GHAT, DISTRICT PATNA…………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. HOME COMMISSIONER – CUM - SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR GENERAL – CUM - INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 4. DISTRICT MAGISTRATE, PATNA 5. SENIOR SUPERINTENDENT OF POLICE, PATNA 6. SUB-DIVISIONAL OFFICER, PATNA CITY, PATNA 7. INSPECTOR OF POLICE – CUM - OFFICER INCHARGE, ALAMGANJ POLICE STATION, PATNA CITY, PATNA 8. MANOJ SAHNI, SON OF GOPAL SAHNI 9. HAMUA SAHNI, SON OF GOPAL SAHNI 10. KALLU SAHNI, SON OF VIJAY SAHNI 11. GORAKH SAHNI, SON OF VIJAY SAHNI 12. SURENDRA SAHNI, SON OF LATE AKLU SAHNI 13. DEVNAND SAHNI, SON OF LATE AKLU SAHNI 14. DUSAI SAHNI, SON OF LATE AKLU SAHNI 15. RAJESH SAHNI, SON OF NEYAT SAHNI 16. UMESH SAHNI, SON OF LOLAT SAHNI 17. SHANKAR SAHNI, SON OF BHAJAN SAHNI, ALL RESIDENTS OF ALAMGANJ, GOSAI GHAT, P.S. ALAMGANJ, DISTRICT PATNA……….RESPONDENTS ----------- For the Petitioner : M/s Raju Giri & Santosh Kr. Mishra, Advocates For the State : Mr. Manoj Kr. Jha, A.C. to G.A. No.1 6. 19.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to remove illegal encroachments made by anti-social elements on his ancestral land bearing Plot No.1395, Ward No.1723, - 2 - Circle No.74, Holding No. 71/74 comprising an area of 5 kaths situated at Alamganj, Gosain Ghat, Patna. Learned counsel for the petitioner has referred to Annexure-6 which shows that on complaint of the petitioner, who is a constable of Central Industrial Security Force, the Inspector General (Eastern Sector, Headquarters), CISF Office, Patliputra Boring Road, Patna had sent a letter to the Police Officials of the State with a request to look into the matter and to redress his grievances with respect to illegal encroachment on his land, upon which Senior Superintendent of Police, Patna asked the Inspector of Police-cum-Officer Incharge of Alamganj Police Station to look into the matter and submit a report. The matter was enquired into and it was found that indeed land of the petitioner had been encroached by some outsiders. Learned cousnel has also referred to Annexure-7 to show that the police, on being satisfied with regard to illegal encroachment, had requested the Sub- Divisional Officer, Patna City for deputation of a Magistrate to accompany with the police - 3 - force for getting the encroachments removed. He has also referred to Annexure-10 to show that different dates were fixed for deputation of a Magistrate to accompany the police party for the purpose. However, he submits that the same could not materialize and encroachment is still continuing. A counter affidavit has been filed in which respondents have claimed that the alleged persons were residing on the fringe of the land since quite a long time by putting their huts there. It was also submitted that a proceeding under Section 107 of the Code of Criminal Procedure was initiated which was dismissed in 2006. Learned counsel for the respondents submits that thereafter petitioner has not filed any application before the concerned authority for removal of the said encroachment. From the documents referred by learned counsel for the petitioner, prima facie it appears that on enquiry, the police had found illegal encroachment on the land of the petitioner. If that is so, it is bounden duty of the respondents to get encroachment removed in accordance with law, as the - 4 - report shows that the persons who had encroached the land in question could not show any document on the basis of which there could be any claim for continuing on the land. In the circumstances, this Court directs the petitioner to file a petition before the Senior superintendent of Police, Patna in the matter. On receipt of the application from the petitioner, Sr. S.P., Patna shall direct for enquiry and if it is found that the land of the petitioner was indeed illegally encroached, step shall be taken in accordance with law for getting the encroachment removed with a request to the District Magistrate for deputation of a Magistrate etc. in the matter. In case such a request is received by the District Magistrate, Patna from the office of the Sr. S.P. or any officer authorized by him, he shall comply with the same at an early date. It is expected that action shall be taken in the matter as expeditiously as possible and grievances of the petitioner, if found genuine, shall be redressed within a period of two months from the date of receipt - 5 - of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)