IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15662 of 2008 Vidya Devi, Wife of Ramadhar Mishra, Resident of Village Purandara, PS Palanwa, District East Champaran. ----- Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate, East Champaran at Motihari. 3. The Sub-divisional Magistrate, Raxaul, At & PO Raxaul, District East Champaran. 4. The Circle Officer, Raxaul, At & PO Raxaul, District East Champaran. 5. Ram Balak Patel, Son of Kari Patel. 6. Bachchan Patel, Son of Nand Raut. 7. Jamadar Patel, Son of Deo Kunwar Raut. 8. Dilip Patel, Son of Shankar Patel. 9. Dhuri Raut, Son of Bhusai Raut. All (5 to 9) resident of Village Purandara, PO Bhelahi, PS Palanwa, District East Champaran. ------ Respondents. For the petitioner : Mr. Uma Kant Shukla, Advocate Mr. Rajesh Ranjan No. 1, Advocate For the State : Mr. Manoj Kumar Ambastha, G.P. 14 Mr. Subodh Kumar, A.C. to G.P. 14. ----------- 3 3.11.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the fact that although there is an order of the Anchaladhikari, Raxaul directing that the encroachers namely Sri Bachchan Patel, Jamadar Patel, Dilip Patel and Dhuri Raut should be removed from Khata No. 310, Plot No. 1095 by 21.7.2008, they still continue to occupy the land. A counter affidavit has been filed in which it is accepted that the named aforesaid persons are encroachers. At paragraph 10 it is said that some public representatives have approached the authorities and as such the authorities are looking for alternative sites to settle these encroachers. If the State authorities are to follow a procedure by which encroachers are given protection by public authorities, it would be 2 difficult to maintain the administration of the State of Bihar. It amounts to trying to circumvent the orders which are passed under the statute giving relief to persons who are aggrieved by actions either of private persons or State authorities. The law is meant to be applicable with fairness and equality. Where a person who has a right under the law is being prevented from enjoying the right due to action of a public authority, it amounts to ignoring the provisions of the statute, the Constitution and the law of the land. As such, this Court finds that there is no justification for taking such stand taken by the State authorities. As such, I direct that the authorities concerned should take steps immediately by giving notice to the encroachers to remove themselves from the lands in question within a reasonable period or else strong action would be taken by the State authorities to remove them from the said land. This writ application is thus, disposed of with the aforesaid observations and directions. The office is directed to send a copy of this order by FAX to the Chief Secretary, State of Bihar, the Special Secretary and the District Magistrate, Motihari. Counsel for the petitioner may produce a copy of this order before the Circle Officer, Raxaul or other concerned authority so that action may be taken immediately as per the order passed in encroachment proceedings and this Court. Sanjay (Sheema Ali Khan, J.)