IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8735 of 2009 1. Jai Prakash Sah s/o Satyadeo Sah, r/o + P.O. Kewtalia, P.S. Darauli, District – Siwan at present Sarpanch Gram Kuchery Panchayat Raj – Amarpur, Darauli, Siwan 2. Baban Prasad Rajbhar s/o Ramchandra Rajbhar, r/o + P.O. Amarpur, P.S. Darauli, District Siwan, at present Mukhiya Panchayat Raj – Amarpur, Darauli, Siwan 3. Nanhe Mishra s/o late Vanshidhar, r/o village + P.O. Kewtalia, P.S. Darauli, District Siwan …. Petitioners Versus 1. The State Of Bihar 2. The District Magistrate cum Collector, siwan 3. The Superintendent of Police, Siwan 4. The Dy. Superintendent of Police, Siwan 5. The Chief Executive Officer, Fish Farmers Development Agency, Siwan 6. The Circle Officer, Darauli Circle, Siwan 7. The Officer-in-charge, Darauli P.S., Siwan 8. Shri Awadhesh Rai 9. Shri Dineshwar Rai @ Madhuwan Rai, both sons of late Vishwanath rai, r/o village + P.O. Kewtalia, P.S. Darauli, District – Siwan ……… Respondents For the petitioners: Mr.Prabhakar Singh @ Anil For the respondents: Mr. A.K. Pandey, GA VII ----------- 2 27/7/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners claim to be the different office bearers of Gram Panchayat Raj Amarpura in the District of Siwan. Their grievance is that public land in the nature of Jalkhar has been encroached upon by respondent nos.8 & 9 Shri Awadhesh Rai and Shri 2 Dineshwar Rai alias Madhuwan Rai and in spite of complaints made to the District Magistrate, Siwan no action has been taken to get the public land freed from encroachment. If the land is a public land, the complaint regarding encroachment must be made before the statutory authority as per provision in the Bihar Public Land Encroachment Act, 1956, that is the Circle Officer, Darauli Circle, Siwan. It is expected that if the petitioners file a proper application under the provision of the aforesaid Act, the same shall be entertained and decided on its own merit in accordance with law. Gram Panchayat is the custodian of public land within its jurisdiction. If it wants the Jalkhar to be cleaned and renovated, it must take the task upon itself within the resources available. This writ petition stands disposed of. Neyaz/ (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)