IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15933 of 2008 RAM NARAYAN SINGH son of Late Harihar Nath Singh, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar) Versus 1. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The District Magistrate, Rohtas (Bihar) 3. The Block Development Officer, Sasaram Block, District Rohtas (Bihar). 4. The Circle Officer, Sasaram Circle, District Rohtas(Bihar). 5. Sri Mundrika Singh, son of late Ram Nandan Singh resident of Village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar) 6. Sri Gulab Chand Singh son of Late Doma Mahto, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar). 7. Sri Daya Singh son of Late Tengari Singh, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar) 8. Sri Ram Badan Singh son of Late Shio Lochan Singh, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar). 9. Sri Ram Janam Singh son of Late Shio Lochan Singh resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar) 10. Sri Naga Singh son of late Tengari Singh, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar. 11. Sri Chandrika Singh son of Late Guru Charan Singh, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar). 12. Sri Karmu Singh son of Late Bandhu Mahto, resident of village Takiya P.O. Takiya Bazar, District Rohtas (Bihar). - 2 - 13. The Ward Commissioner, Ward No. 1, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar). 14. The ward Commissioner, Ward No. 2, resident of village Takiya, P.O. Takiya Bazar, District Rohtas (Bihar) 15. The Ward Commissioner, Ward No. 3, P.O. Takiya Bazar, District Rohtas (Bihar). 16. The Chairman, Municipality Sasaram, Rohtas (Bihar) ----------- For the Petitioner : Mr. Fulman Singh For the Respondents 1to 4: Mr. Mani Kant Mishra, G.P.XXI ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 12th November, 2008. The petitioner, who is resident of village Takiya, District Rohtas has approached this Court raising his grievance with regard to encroachment in the cremation ground situate in R. S. Plot No. 516 in village Takiya. It is alleged that the area of the said plot is 35 decimals and has been used for cremation for the last 100 years but has been encroached upon by the farmers of the said village and because of that no cremation ground is available to the villagers of Takiya village. 2. It appears that the petitioner has given a notice under section 80 of the Code of Civil Procedure to the District Magistrate, Rohtas raising his grievance about the encroachment in the cremation ground. - 3 - 3. After having considered the matter, we are of the considered view, that the notice given by the petitioner to the District Magistrate, Rohtas (Annexure – 1) be treated as a representation to the Distrtict Magistrate and the same be considered and disposed of by him at an early date. 4. We, accordingly, dispose of this writ petition by following order: (i) The notice dated 1st February, 2006 (Annexure- 1) by the petitioner to the District Magistrate, Rohtas be treated as a representation made to him for redressal of his grievance with regard to the removal of encroachment in the cremation ground (R.S. Plot No. 516). (ii) The District Magistrate, Rohtas shall consider the said representation objectively and pass an appropriate order thereon expeditiously and preferably within two months from today and communicate the same to the petitioner. (iii) In case, the District Magistrate, Rohtas is satisfied that the cremation ground (R.S. Plot No. 516) of village Takiya has been encroached upon, steps for removal of such encroachment shall be taken without delay, in accordance with law. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-