IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15181 of 2004 KALACHANDRA KAR Son of late Sitanath Kar, resident of Ganj No. 2, Bettiah, P.O. and P.S. Bettiah, District- East Champaran. Versus 1. THE STATE OF BIHAR. 2. Commissioner, Tirhut Division, Muzaffarpur, District- Muzaffarpur. 3. Collector, West Champaran, Bettiah, District- West Champaran. 4. Sub-divisional Officer, Bettiah, District- West Champaran. 5. Circle Officer Bettiah Anchal, at and P.O. Bettiah, District- West Champaran. 6. Raj Inter College, Bettiah through its Principal, Bettiah, District- West Champaran. ----------- For the Petitioner:-Mr. S.S. Dvivedi, Senior Advocate. Mr. Rakesh Chandra, Advocate. Mr. R. K. Dubey, Advocate. Mrs. Sangeeta Sharma. ------------------- 4. 21.04.2011 Heard the parties. The petitioner has approached this Court by filing the present writ petition for the reliefs, delineated in paragraph no. 1 of the writ petition, which are quoted hereinbelow. “1. That this application is being filed for the issuance of a writ in the nature of certiorari or any other appropriate writ/order/direction granting the following reliefs:- I. A writ in the nature of mandamus be issued commanding the respondents to restore the possession of the petitioner over the lands detailed in paragraph. 4 of the petition. II. Respondents be commanded to reconstruct the 2 shop and the house existing on the disputed plot and to return back and restore the articles and furnitures of the shop, illegally carried by them. III. Alternatively the respondents be commanded to pay a sum of Rs. One lac by way of compensation for the loss and damages occurred to the petitioner and his properties and a further sum of Rs. 50,000/- for the continued disruption of the petitioner‟s livelihood by holding his land on the disputed land since 26.10.2004. IV. Any other relief/reliefs to which the petitioner may be deemed entitled to, may also be granted to him”. Learned counsel for the petitioner submits that lands of plot no. 5236 was settled in favour of father of the petitioner namely, Sitanath Kar. He has not encroachment upon any portion of Plot No. 5235, which belongs to Raj Inter College, Bettiah. A grievance has been raised that though a proceeding under the provisions of Bihar Public Land Encroachment Act 1956 (in short the „Act‟) was started by the respondent Circle Officer in terms of Section 3 of the Act and final order was passed in terms of Section 6 of the Act, for the removal of encroachment from Plot no. 5235, but the shop and house of the petitioner situate 3 over plot no. 5236 were demolished arbitrary without making proper measurement of the aforesaid two plots in presence of the petitioner. Learned counsel for the petitioner has fairly submitted that the petitioner is not claiming any right or title with respect to plot no. 5235, and if any person/persons has encroached upon any portion of plot no. 5235, then they may be removed even today, If not already removed. A counter affidavit has been filed on behalf of respondent nos.1 to 5, wherein also right and title of petitioner with respect to plot no. 5236 has not been disputed. However, it has been asserted that the petitioner was found to be encroacher over plot no. 5235. Therefore, in the light of the order passed in encroachment case no. 24 of 2001-2002, the shop and house of the petitioner was demolished. In view of nature of controversy raised in the present proceeding and in view of the stand taken by respondent State in its counter affidavit, this Court is of the considered opinion that the matter should be examined once again by the respondent District Collector, Bettiah, West Champaran, particularly with respect to claim of 4 the petitioner over plot no. 5236. The petitioner is hereby directed to appear before respondent District Collector within a period of four weeks from today with a certified copy of the present order as also with a detailed representation specifying his right and title with respect of plot no. 5236. If such a representation is filed within the time prescribed by this Court, then respondent District Collector shall be obliged to decide the claim of the petitioner in accordance with law, after giving an opportunity of hearing to all concerned including the petitioner and the private respondent. The petitioner shall also be given an opportunity to produce the documents to demonstrate that plot no. 5236 was validly settled in favour of his father by the competent authority. The issues raised by the petitioner must be decided in accordance with law by a speaking order and entire exercise must be completed within a period of three months from the date of filing of such representation. It is made clear that if the petitioner does not appear before respondent District Collector, West Champaran, Bettiah within the time prescribed by this Court with a certified copy 5 of the present order as also the representation, then it shall be construed that the present writ petition has finally been rejected by this Court. With the aforesaid observations and directions the writ petition stands disposed of. No Costs. Anand Kr. ( Birendra Prasad Verma J.)