IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.213 OF 2009 MOST. SAVITRI DEVI, WIFE OF LATE KAILESH BHARTI, RESIDENT OF VILLAGE BISHBANIA, P.S. DARAULI, DISTRICT SIWAN……………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SIWAN 3. THE SUPERINTENDENT OF POLICE, SIWAN 4. THE SUB-DIVISIONAL OFFICER, SIWAN 5. THE CIRCLE OFFICER, DARAULI BLOCK, DISTRICT SIWAN 6. THE OFFICER-IN-CHARGE, DARAULI POLICE STATION, DISTRICT SIWAN…………….RESPONDENTS -------- 7. 10.05.2010 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 get encroachment removed from her land which has been allegedly encroached by anti-social elements of the village, particularly, members of the extremists outfit, namely, C.P.I. (Male). Petitioner relies upon a letter of the Sub-Divisional Officer, Siwan addressed to the Circle Officer, Darauli and Officer Incharge of Darauli Police Station requesting them for deputation of the armed forces to enable him to get the encroachment removed, a copy whereof is annexed as Annexure-2. From Annexue-1, it appears that there - 2 - has been a proceeding under Section 145 of the Cr.P.C. between the petitioner and some alleged encroachers and the proceeding was decided in favour of the petitioner and respondents were restrained from going over the land. Learned counsel for the State points out that the said proceeding under Section 145 of the Cr.P.C. was in respect of the land of the petitioner bearing khata no.610 plot No.274 having an area of 4 kathas 17 dhurs. He points out that in the petition petitioner has claimed encroachment on her land bearing khata No.610 Plot no.272 having an area of 1 bigha 3 kathas 17 dhurs. He points out that petitioner had filed a petition before the Collector, Siwan in 2005 for providing protection to her and for removal of encroachment. The Collector gave a note in the margin of the said petition as contained in Anenxure-3 from which it appeared that earlier enquiry was held and it was found that in respect of the area of the land, petitioner was asked to obtain an order of the competent court in that respect. So far as area of the land covered in the proceeding under Section 145 of the Cr.P.C. - 3 - is concerned, it is stated that encroachment has been removed. But the petitioner has not produced any material on record to show that the area of land which she claims in the writ petition was in fact found by any competent court or authority as being in her possession earlier. In the circumstances, this Court is not in a position to issue any specific direction to the respondents to remove the encroachment from the said area of the land as mentioned in paragraph 4 of the writ application. Petitioner will be at liberty to move any competent court of law and/or competent authority for declaration of her right, title and possession and for removal of encroachment made by anti-social elements from the land in question. The writ application is disposed of with the aforesaid observations. B.T (J. N. Singh, J.)