IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3325 of 2010 JIVENDRA NATH TRIVEDI S/O LATE DHARM NATH TRIVEDI R/O MOHALLAH- DAHIYAWAN TOLA, P.O.- CHAPRA, P.S.- CHAPRA MUFFASIL, DISTT.- SARAN . VERSUS 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR SARAN AT CHAPRA 3. THE ADDITIONAL COLLECTOR SARAN AT CHAPRA 4. THE SUB-DIVISIONAL OFFICER SADAR SUB-DIVISION, CHAPRA, DISTT.- SARAN 5. THE DEPUTY COLLECTOR LAND REFORMS SADAR SUB-DIVISION, CHAPRA, DISTT.- SARAN 6. THE CIRCLE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER CIRCLE OFFICE, SADAR CHAPRA, AT & P.O. & P.S.- CHAPRA, DISTT.- SARAN 7. RABINDRA PRASAD SINGH @ RABINDRA SINGH S/O FULENA SINGH R/O MOHALLAH- DAHIYAWAN TOLA, P.O.- CHAPRA, P.S.- CHAPRA MUFFASIL, DISTT.- SARAN ----------- 02 23.03.2010 Essentially the dispute in the present case relates to Plot No.61, Mauza-Salempur, Anchal-Sadar Chapra, and District- Chapra. The petitioner has his raiyati land on Plot No.37. He is alleged to be encroached on Plot No.61. Petitioner states that if he is encroaching so are others, but unfortunately misinterpreting orders of this Court petitioner has been noticed to remove encroachment from Plot Nos.37, 38 & 61 by the impugned order of the Circle Officer. Petitioner further states that so far as Plot Nos.37&38 are concerned, they are private land and public land encroachment proceedings cannot relate to them. So far as Plot No.61 is concerned, petitioner has no objection. But, while doing so every encroachment must also be removed as the plot is standing in the name of Kasare Hind (Government). He submits that mischievously petitioner is being targeted. - 2 - In my view, this Court is ill-equipped to decide these factual aspects. However, I direct the Circle Officer, Sadar Chapra to get Plot No.61 as a whole properly demarcated and any unauthorized encroachment from that plot would be liable to be summarily removed by any person so encroaching may it be the petitioner or any other persons. Court cannot permit the encroachment if made by the petitioner to be removed while permitting others to continue. All must receive same treatment. So far as Plot Nos.37 & 38 are concerned, from records it does not transpire that they are government lands. There cannot be any such proceeding for removal of encroachment therefrom, unless there are documents and circumstances to show otherwise. The Circle Officer would be well advised to complete the entire exercise within two months and take appropriate action thereafter against all the encroachers on Plot No.61, till such time this exercise is not completed, notice as contained in memo no.1299 dated 17.12.2009 and memo no.31 dated 06.01.2010, issued by the Circle Officer to the petitioner, shall remain inoperative. It is made clear that the responsibility for proper implementation of this order would rest on the Collector-cum-District Magistrate, Saran at Chapra, who would take all effective steps in this regards. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)