IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8488 of 2010 Shiv Shanker Singh son of Sri Ram Singh, Honourary President, Bihar/Jharkhand Anti Corruption Campaign Sanghkatihar (Registered), resident of village Dokhra P.O. Sonaili, P.S. Kadwa, District Katihar (Bihar) … Petitioner Versus 1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna-15 2. Secretary, Revenue Department, Govt. of Bihar, Patna-15 3. Secretary Road Construction Department, Government of Bihar, Patna-1 4. Secretary, Rural Development Department, Govt. of Bihar, Patna-15 5. Commissioner, Purnia Division, Purnia(Bihar) 6. District Magistrate Katihar (Bihar) 7. Superintending Engineer, Road Construction Department Purnia (Bihar) 8. Sub-Divisional Officer Katihar, District Katihar (Bihar) 9. Bihar Rajya Pul Nirman Ltd. through its Chairman, 7 Sardar Patel Marg, Patna … Respondents with CWJC No.12891 of 2010 1. Kanhaiya Lal Bubna, son of late Kedar Nath Bubna @ Kedar Lal Bubna 2. Dilip Kumar Bubna, son of Sri Hari Prasad Bubna 3. Gautam Bubna @ Gautam Kumar Bubna, son of late Kamal Kishore Bubna 4. Mohan Banka, son of late Kanhaiya Lal Banka 5. Sanwar Lal Bubna, son of late Madan Lal Bubna all are residents of village-Sonaili, P.O.- Sonaili, P.S.-Kadwa and District-Katihar ….petitioners Versus 1. The State Of Bihar 2. The Collector, Katihar 3. The Circle Officer, Kadwa, District-Katihar .. .. Respondents ----------- Appearance (In C.W.J.C. No. 12891 of 2010) For the petitioners :- Mr. T. N. Martin, Sr. Advocate Mr.Ramesh Kumar Agrawal, Advocate For the State : G.P.-14 2 (In C.W.J.C. No. 12891 of 2010) For the respondents :- Mr. Ashok Priyadarshi, Advocate For the State :- Brajesh Kumar, A.C. to A.A.G. XI For Bihar Rajya Pul Nirman Ltd. :- Md. Nadim Seraj, Advocate 11 09.08.2011 This writ petition under the caption “Public Interest Litigation” has been filed seeking a direction to remove the encroachment of the land from both sides of the State High Way constructed over the land owned by the Govt. of India over Tauzi No.65 Thana no.494 Khata no.488 of Sonaili Bazar Road, P.O. Sonaili, District Katihar, Block Kadwa, Sub Division Katihar effecting the public at large due to hurdle of free flow of traffic and construction of proposed bridge to connect National High Way No. 31. A report has been called for by this Court from the Revenue officials, in pursuance of which a report has been submitted by the Bihar State Bridge Construction Corporation. The project report was prepared by Bihar Rajya Pul Nirman Nigam Ltd. at the estimated cost of Rs.405.795 lacs. The learned counsel appearing on behalf of the Bihar Rajya Pul Nirman Nigam Ltd. submits that the High Level RCC bridge 3 was constructed over the said river and it has become operational for the traffic and general public. In the meanwhile, a writ petition has been filed before the learned Single Judge being writ petition No.12891 of 2010 for quashing the show cause notices all dated 14.07.2010 (Annexure-2 series to the writ petition), issued by the respondent Circle Officer, Kadwa, District Katihar under Section 3 of the Bihar Public Land Encroachment Act, 1956 to the petitioners in land encroachment proceeding bearing Case No. 02/2010-11. Subsequently, an appeal has been filed before the District Magistrate, Katihar. Final orders of eviction have been passed which has been subsequently brought on record by filing an amendment petition and the writ petition was also consequently amended. The matter was listed before the learned Single Judge and subsequently, it is tagged with the present writ petition filed under the caption “Public Interest Litigation”. But in view of the fact that the final order of encroachment has been passed under the encroachment Act which is the subject matter of C.W.J.C. No.8488 of 2010 4 filed under the caption “Public Interest Litigation”, we are of the opinion that C.W.J.C. No.12891 of 2010 can be de-linked with the present file and the same shall be posted before the learned Single Judge for disposal in accordance with law. The learned Government Pleader has filed a Supplementary Counter Affidavit in C.W.J.C. No. 12891 of 2010, which should also be placed on record. We make it clear that the learned Single Judge may look into the records of C.W.J.C. No. 8488 of 2010, if the Court deems it necessary for disposal of C.W.J.C. No.12891 of 2010. We also make it clear that the records of C.W.J.C. No. 8488 of 2010 must also be tagged as part of record of C.W.J.C. No. 12891 of 2010. The C.W.J.C. No. 12891 of 2010 should be disposed of as expeditiously as possible. C.W.J.C. No. 8488 of 2010 is accordingly disposed of. Ashwini (T.Meena Kumari,J.) (Vikash Jain,J.)