IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7934 of 2009 UPENDRA KUMAR CHAUBEY, son of Late Shiveshwar Chaubey, resident of village –Navanagar Nizamabad (Mokari Tola), P.O.- Kurnad, PS Sahebganj, District Muzaffarpur. At present- Advocate Patna High Court, Darbhanga House (President Room), Advocate Association, Patna High Court Versus 1. THE UNION OF INDIA through the Director, Archaeological Survey of India, the Ministry of Human Resources, New Delhi 2. The Ministry of Tourism Development of India through its Secretary, New Delhi 3. The Ministry of Human Resources Department, Archaeological Survey of India, through its Director, New Delhi 4. The State of Bihar 5. The Secretary Revenue and Land Reforms Department, Bihar, Patna 6. The Secretary, Department of Tourism Development, Bihar, Patna 7. The Collector-cum-District Magistrate, Muzaffarpur, Bihar 8. The Additional Collector, Land Reforms, Muzaffarpur 9. The Deputy Collector, Land Reforms Muzaffarpur, West. 10. The Circle Officer, Circle- Saraiya, District Muzaffarpur 11. The Circle Officer, Circle Sahebganj, District Muzaffarpur. ----------- 2 14-07-2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India. Petitioner has preferred this writ petition by way of Public Interest Litigation seeking appropriate directions and orders from this court so that some part of Budha Road from Vaishali to Sahebganj may be made free of encroachment near Shahpur Patti Khemkarna Chowk and also for removal of encroachment from a public land in village Ambwara in the Saraiya circle. According to the petitioner the land concerned in village Ambwara is widely believed as birth place of legendary court dancer Amrapalli and it was so recorded in the earlier survey but at present some unscrupulous elements have made encroachment over major part of the land. He has further prayed that Budha Road be kept in good repaired state and the birth place of Amrapalli be also 2 protected and preserved as historical monument by the concerned authorities of Union of India. The materials annexed with the writ petition show that from time to time proceedings were initiated before the Circle Officer concerned for removal of encroachment over the Budha Road as well as from the land believed to be birth place of Amrapalli but those proceeding could not yield the desired result. It appears that in respect of encroachment on the concerned Budha Road the Anchal Adhikari, Sahebganj has recently in the year 2007 made reference to Deputy Collector, Land Reforms, Muzaffarpur (West) for a proceeding u/s 4 H of the Bihar Tenancy Act. It is indeed in public interest and in the interest of entire State of Bihar that historical monuments relating to ancient times relating to Budha Road or first democracy in Vaishali be preserved wherever it is possible to locate and preserve those monuments. Keeping that public interest in mind, we dispose of this writ petition with a direction to the District Magistrate, Muzaffarpur, DCLR, Muzaffarpur (West) as well as Circle Officers of Sahebganj and Saraiya to take required steps in accordance with law to ensure that if part of Budha Road and the birth place of Amrapalli were on public lands and have been encroached by some persons without the authority of law then such encroachment be removed expeditiously and preferably within a period of six months. It goes without saying that the proceedings for removal of encroachment shall be conducted in 3 accordance with law. If the lands are made free of encroachment then the Budha Road should be kept in proper repairs and the land believed to be birth place of Amrapalli should be developed as monument by the concerned agency after proper verification and identification of the place. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)