IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1350 of 2010 EKTA PARISHAD,BIHAR HAVING ITS STATE OFFICE AT EAST OF ANURAG HOSPITAL WEST BAILEY ROAD,P.O.DANAPUR CANTT,PATNA , THROUGH ITS CO-ORDINATOR , URBAN AREA, PATNA SADAR, SUNIL KUMAR S/O LATE JAGDISH BIND,R/O OF TESHLAL VERMA COLONY,P.O.+P.S.DANAPUR,DISTT-PATNA. ------------Petitioner. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY , MINISTRY OF URBANE DEVELOPMENT AND POVERTY ALLEVIATION NEW DELHI 2. THE SECRETARY , MINISTRY OF URBANE DEVELOPMENT AND POVERTY ALLEVIATION NEW DELHI 3. THE STATE OF BIHAR THROUGH CHIEF SECRETARY GOVERNMENT OF BIHAR,OLD SECRETARIAT, PATNA 4. THE CHIEF SECRETARY GOVERNMENT OF BIHAR,OLD SECRETARIAT, PATNA 5. THE PRINCIPAL SECRETARY , DEPARTMENT OF REVENUE AND LAND REFORMS GOVERNMENT OF BIHAR,PATNA 6. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT &HOUSING DEPARTMENT GOVERNMENT OF BIHAR,PATNA 7. THE DISTRICT MAGISTRATE PATNA 8. THE PATNA MUNICIPAL CORPORATION THROUGH COMMISSIONER -CUM-CHIEF EXECUTIVE OFFICER PATNA 9. THE COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER PATNA MUNICIPAL CORPORATION, PATNA 10. THE EASTERN CENTRAL RAILWAY THROUGH DIVISIONAL RAILWAY MANAGER HAJIPUR 11. THE DEVISIONAL RAILWAY MANAGER, EASTERN CENTRAL RAILWAY HAJIPUR. 2 12. THE DEPUTY CHIEF ENGINEER/CONSTRUCTION , EASTERN CENTRAL RAILWAY DIGHA GHAT,PATNA 13. THE SUB- DIVISION OFFICER DANAPUR, DISTT- PATNA 14. THE CIRCLE OFFICER DANAPUR,DISTT- PATNA. ----------------------Respondents. ----------- 5 19-04-2010 Heard Mr. M.P. Gupta, learned counsel for the petitioner, Dr. Mayanand Jha, Standing Counsel for the Union of India and Mr. Kaushal Kumar Jha, learned counsel for the State. The grievance that has been put forth in this writ application is that despite a number of schemes the landless persons living below poverty line have not been granted benefit though they are entitled to so. Learned counsel for the petitioner has referred to various averments in the petition how the members of the said organization are below poverty line and hence, entitled for rehabilitation. Per contra, Dr. Mayanand Jha, and Mr. Kaushal Kumar Jha, learned counsel appearing for the respondents have drawn our attention to the order passed by the competent authority under the Bihar Public Land Encroachment Act that the members of the petitioner 3 organizer are encroachers and they have been evicted by virtue of the order passed by the competent authority as contained in Annexure-3. We are not inclined to interfere with the order passed by the competent authority directing removal of encroachment as the same can be challenged before the appropriate forum as advised in law. However, as far as consideration of grant of land under the various schemes is concerned, it is directed that the persons below poverty line shall be considered by the competent authority of the State Government within a period of four months from the date of receipt of the order passed today, on their submission of a detailed representations in individual capacity making out a case that he falls within the category of below poverty line and is entitled to the benefit of rehabilitation. Be it noted, when a consideration is made under various schemes in respect of persons below poverty line category, they cannot claim any kind of indefeasible right that they are to be given land at a particular place. 4 With the aforesaid observation and direction the writ application is disposed of. No order as to costs. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)