IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7743 of 2006 SHIV PRAKASH SUMAN Versus THE STATE OF BIHAR & ORS ----------- 2 28.10.2009 In the instant writ petition the petitioner seeks a direction to the respondent authorities to remove the encroachment from the petitioner’s land situated in Village Bauraha, P.S. Laukaha, District Madhubani on Khat No.10, Plot No.720(old) and Khata No.135, Plot No.721(old) measuring an area of 19 Kathas of land. The petitioner states that the aforesaid land was purchased by his grand father and his father is a freedom fighter. In the year 2002 the Government of Bihar started construction of Samudaik Bhawan over his land which was funded from the M.Ps quota bearing Plan no.19/01-02, without acquiring the land. After due protest, the local administration stopped the construction over the land. Thereafter some local people also encroached his land. A representation was filed by the petitioner before the District Magistrate, Madhubani and Superintendent of Police, Madhubani, contained in Anneuxres-1 & 2. The father of the petitioner also wrote to the Hon’ble President of India and D.G.P. Bihar for removing the encroachment from his land. Thereafter, the Officer-in-charge sent a detailed report to the S.D.O. Phulparas, Madhubani stating therein that some people of the same village has encroached some lands of the petitioner. On receipt of the report, the S.D.O., Phulparas initiated a proceeding under section 144 Cr.P.C. over the land in question. In the meantime the local Amin upon direction of the B.D.O. cum Circle Officer, Khutauna distributed - 2 - the land among 21 Mushahar families. Thereafter the petitioner filed a complaint in the Civil Court bearing Complaint Case No.830 of 2005 which is pending for adjudication. On 28.12.2005 the petitioner made a representation to the Collector, Madhubani. The I.G. Police, Darbhanga Zone vide his memo no.1248 dated 31.12.2005, contained in Annexure-6, directed the Superintendent of Police, Madhubani to take action against the culprits and ensure the possession to be handed over to the petitioner. The Circle Officer also in his detailed reported dated 6.1.2006, contained in Annexure-7, accepted the allegations made by the petitioner and stated that encroachers are ready to vacate the land. The S.D.O. and the Dy. Superintendent of Police, Phulparas vide letter no.01 dated 8.1.2006 in its joint report to the District Magistrate, Madhubani stated that 21 families of Mushahars have encroached upon the land of the petitioner. The District Magistrate, Madhubani vide letter dated 12.1.2006, contained in Annexure-9. directed the S.D.O., Phulparas to make arrangement for rehabilitation of 21 families on any government land so that the petitioner’s land could be removed from encroachment. The grievance of the petitioner is that despite the direction of the District Magistrate, Madhubani dated 12.1.2006, the S.D.O. Phulparas has not ensured the compliance of his direction. A counter affidavit has been filed on behalf of respondent nos.2 and 4. The respondent no.4 has stated that non F.I.R. No.06/05 was instituted and a report was submitted to the S.D.M. Phulparas. After hearing counsel for the parties, this court observes that - 3 - KHAN the S.D.O. Phulparas should ensure the compliance of the order dated 12.1.2006 of the District Magistrate, Madhubani, contained in Annexure-9, expeditiously as the direction is of the year 2006. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)