IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.297 of 2007 MAHENDRA SAHNI Versus THE STATE OF BIHAR & ORS ----------- 5 12.8.2008 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State of Bihar. By order dated 20.4.2007 notice was issued to private respondent no.6. It appears from the office report dated 26.7.2007 that private respondent no.6 refused to accept notice, so this court by order dated 3.8.2007 deemed the notice as validly served. Even today on repeated calls, no one appears for respondent no.6. This court vide order dated 312.1.2007 granted three weeks time to the State for filing counter affidavit. No counter affidavit has been filed as yet. In the instant writ petition, the petitioner has prayed for directing the respondents to execute order dated 9.6.2004 contained in annexure 4 by which the SDM Chakia directed the officer in charge, Rajepur ps, East Champaran, respondent no.5 to take necessary action for removing encroachment made by the respondent no.6 (Ramashish Sahni) on Gair Majarua Aam land bearing Khata no. 167 Plot no. 910 and 1001 measuring 2 Kathas and 2 Dhoors village Mahammadpur, Mazhaulia. The petitioner submits that the land in question is a Govt. land and the aforesaid encroachment is not only causing hindrance in his approach to his house but is also causing general inconvenience 2 to public, at large also. He further submits that at his initiation, a 133 CrPC proceeding being case no. 211(M) of 1999 had been initiated, in which the officer in charge of Rajepur ps after enquiry submitted his report stating therein that respondent no.6 has kept bricks, Shisham woodlock and other materials on the said land which is a gairmajarua land. The learned Magistrate on 30.7.1999 directed the Circle officer and Officer in charge to take steps for removing the encroachment forthwith. However, respondents failed to follow order dated 30.7.1999. The petitioner then filed an application before the District magistrate, who by his letter no. 711 dated 12.2.2004 directed the SDO to take necessary steps in the matter. The SDO vide his letter no. 139 dated 23.2.2004 submitted the matter to C.O., Mahesi. The C.O., Mahesi issued notice to the opp.party , respondent no.6, whereupon he appeared on 12.4.2004. At the request of respondent no.6, C.O. directed Amin to measure the land and report. Pursuant to the direction, Amin submitted his report along with the map dated 6.5.2004, annexures 3 and 3/1. Respondent no.6 was found to have encroached Gairmazarua land as has been alleged. After receiving the report, SDM, Chakia passed order dated 9.6.2004 (annexure 4) directing the officer in charge, Rajepur to take appropriate steps for removing encroachment. Thus, after completing the process, the SDM passed order dated 9.6.2004 (annexure 4) directing the officer in charge, Rajepur to take appropriate steps for removing 3 encroachment.The learned magistrate also directed C.O., Mahesi to execute his order of clearing encroachment. When this order again failed to invoke any positive action, the petitioner on 28.3.2005 represented before S.D.O., Chakia with a copy to the District magistrate, Motihari, (annexure 5). The petitioner even made representations to State authorities including the Chief Minister, Bihar on 16.2.2006 and 11.1.2007 but all remained futile. It appears that the authorities found that public land was encroached by respondent no.6. Furthermore in spite of directions the encroachment cannot be cleared. This Court directs the Circle officer, Mahesi, respondent no.4 to remove the encroachment from the Gairmazarua land as stated above at the earliest within a period of two months from today. The District Magistrate, East Champaran, Motihari, respondent no.2 would provide necessary help to respondent no.4 in this respect. Let this order be communicated to the District Magistrate, Motihari as well as the SDO, Chakia for necessary compliance of directions issued by this court. With the aforesaid directions, this writ application is allowed. Shashi. (S.P.Singh,J)