IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18280 of 2008 SHRI KRISHNA PRASAD MEHTHA, S/O- LATE BINDESHWARI PRASAD MEHTHA, R/O- VILLAGE- MALINAGAR, P.O.- MALINAGAR, P.S.- CHAKMEHSI, DIST. SAMASTIPUR, BIHAR :---- PETITIONER. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, SAMASTIPUR. 3. SUB DIVISIONAL OFFICER, SAMASTIPUR. 4. CIRCLE OFFICE, CIRCLE KALYANPUR. 5. OFFICER INCHARGE, CHAKMEHSI, P.S.- CHAKMEHSI. 6. NARESH PASWAN @ KALLU PASWAN, S/O- RAJENDRA PASWAN, R/O- VILLAGE- MALINAGAR, DIST. SAMASTIPUR. 7. RAMBABU PASWAN @ SHAMBHU PASWAN, S/O- BANKEY PASWAN, R/O- VILLAGE- MALINAGAR, DIST. SAMASTIPUR. 8. NAGESHWAR PASWAN, S/O- LATE BUDHU PASWAN, R/O- VILLAGE- MALINAGAR, DIST. SAMASTIPUR. 9. SUKESHWAR PASWAN, S/O- LATE BUDHU PASWAN, R/O- VILLAGE- MALINAGAR, DIST. SAMASTIPUR. 10. NABAL PASWAN, S/O- LATE MADAN PASWAN, R/O- VILLAGE- MALINAGAR, DIST. SAMASTIPUR :--- RESPONDENTS. ----------- 2. 02.12.2010. Re: I.A.No. 3823 of 2010 During the pendency of this writ petition, petitioner left for his heavenly abode on 09th December, 2009 leaving behind his wife and two sons, whose name have been mentioned in paragraph-1 of Interlocutory Application No. 3823 of 2010. 2. Let the name of the original writ petitioner be expunged from the array of parties and in his place wife and the two sons of the petitioner be substituted. 3. I.A.No. 3823 of 2010 is, accordingly, disposed of. 4. Heard learned counsel for the petitioners and the State. 5. Lands of the petitioners bearing Plot No. 6354 appertaining to Khata No. 610 of Village- Malinagar has been encroached upon by Private Respondent Nos. 6 to 10. The Circle Officer, Kalyanpur is proceeding to sanction amount to the encroachers for raising their pucca construction over the encroached - 2 - portion of the land. In support of the story of encroachment petitioners have relied on the report of the Anchal Amin dated 13.10.2008, Annexure-3. 6. It is submitted on behalf of the petitioners that as the private respondents are encroachers, the administration may be directed not to advance public money to the encroachers for raising construction under the Indira Housing Scheme over the lands in- question. It is also submitted that administration may be asked to take steps for removal of encroachment from the lands in-question by the private respondents. 7. Having heard counsel for the parties and the State, I am of the view that the Collector of the district and the Civil Administration under him is not competent to take steps for removal of encroachment from the raiyati land of the petitioners. For removal of encroachment the petitioners have to move the competent Civil Court. Accordingly, this writ petition is disposed of directing the petitioners to move the competent Civil Court for removal of encroachment by private respondent nos. 6 to 10 from the lands-in-question. In the Civil Suit the petitioners are at liberty to even pray for injunction against the Civil Administration not to advance any money to the private respondents during the pendency of the suit for raising of construction under the Indira Housing Scheme. P.K.P. (V.N.Sinha,J.)