IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7199 of 2006 TAPESHWAR KAMTI, SON OF LATE PHUSI KAMTI, R/O SINGHIA, THANA SINGHIA, DIST. SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, SAMASTIPUR. 3. THE SUB DIVISIONAL OFFICER, ROSERA, SAMASTIPUR. 4. THE LAND REQUISITION OFFICER, ROSERA, SAMASTIPUR. 5. THE CIRCLE OFFICER, SINGHIA ANCHAL, ROSERA, SAMASTIPUR. 6. SITA RAM SINGH, SON OF LATE RAM PUKAR SINGH, R/O SINGHIA, P.S. SINGHIA, DIST. SAMASTIPUR. For the petitioner : Mr. Dhananjay Kr. Singh, Advocate. For the State : M/s. V.M.K. Sinha, AAG-13, Sanjana, AC to AAG-13. ----------- 02. 11.04.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is raiyat of plot no.5306 measuring 0.0.8 dhurs carved out of old plot no.4706 in village Singhia within Rosera sub-division of Samastipur district. He has filed this writ petition for a direction to the respondent authorities to ensure removal of encroachment made over the aforesaid land by Sita Ram Singh, respondent no.6. In this connection, he also relied on the report submitted by the Anchal Amin dated 15.3.2003, Annexure-3. Appreciating the report of the Anchal Amin the Circle Officer, Singhia and the Sub-Divisional Officer, Rosera passed orders for removal of encroachment but till date the 2 encroachment made over the lands in question by respondent no.6 has not been removed. Petitioner has filed this writ petition praying inter alia to direct the respondent authorities to ensure removal of encroachment from the lands in question. Encroachment made by respondent no.6 is over plot no. plot no.5306 measuring 0.0.8 dhurs which is carved out from old plot no.4706, which is raiyati land, as such, in my opinion, the revenue authorities including the civil administration has no jurisdiction to pass orders for removal of encroachment made by respondent no.6. 3. The writ petition is, accordingly, disposed of granting liberty to the petitioner to file suit before the civil court of competent jurisdiction for declaration of title and recovery of possession over plot no.5306 measuring 0.0.8 dhurs which has been carved out of old plot no.4706 of village Singhia. In the suit petitioner should also apply for grant of interim injunction restraining respondent no.6 for raising any further construction over the lands in question. Rajesh/ (V. N. Sinha, J.)