IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.256 of 2008 **** Dr. Manoranjan Biswas, son of Late Ramesh Chandra Biswas, resident of village Chautarwa Colony No.2 P.O. Patilar Bazar P.S. Chautarwa, District-West Champaran. …. …. Petitioner - Appellant Versus 1. The State of Bihar through the Secretary Revenue and Land Reforms, Bihar, Patna. 2. Collector of West Champaran, Bettiah. 3. S.D.O. Bagaha, District West Champaran, Bettiah. 4. Deputy Collector I/C Land Reforms Bagaha, Bettiah, West Champaran. 5. Anchal Adhikari, Bagaha District West Champaran. 6. Superintendent of Police, West Champaran 7. Commissioner, Tirhut Division, Muzaffarpur. 8. Vijay Mal Yadav, S/o Saharu Yadav 9. Srawan Chaudhary S/o Rehu Cahudhary 10. Ram Chandra Chaudhary S/o Tribeni Chaudhary 11. Mohan Chaudhary S/o Ganesh Chaudhary All serial 8 to 11 are resident of near Chauwtarwa Petrol Pump PO Patilar Bazar PS Chautarwa, District.West Champaran, Bettiah. …. …. Respondents – Respondents ----------- For the Appellant : Dr. M.P.Shukla, Advocate For the Respondent Nos. 1 to 7: Mr. Rajesh Kumar Singh, Junior Counsel to Additional Advocate General-II ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 26th September, 2008. The appellant is an unsuccessful petitioner. In the writ petition he prayed for issuance of a writ of mandamus to the respondents to carry out the order dated 19th October, 2006 - 2 - (Annexure-4B) said to have been issued by the Secretary, Cabinate Co-ordination Department, Government of Bihar, Patna on the basis of the proceedings in ‘Janta Ka Darbar’ and also an order of the Collector, Bettiah for removal of encroachment on the land allotted to the displaced persons. 2. In so far as the order of the Secretary, Cabinate Co-ordination Department dated 19th October, 2006 is concerned, we wanted the Chief Secretary, Government of Bihar to clarify the position of the decisions taken in ‘Janta Ka Darbar’ vide our order dated 21st July, 2008. In pursuance thereof, an affidavit has been filed by Mr. R.J.M. Pillai, Chief Secretary, Government of Bihar, Patna. He has stated in his affidavit that ‘Janta Ka Darbar’, although is an institutional mechanism for redressal of grievances but it is not a statutory forum for appeal, review or revision. He has further stated that the decisions taken in ‘Janta Ka Darbar’ are in the nature of advisories and are executive directions and these orders are enforceable only if they comply with the mandate of statutes. The purpose of ‘Janta Ka Darbar’, as highlighted in the affidavit of the Chief Secretary, is to create a framework in public interest to counter and address complaints and petitions of the public requiring specific intervention of the executive. The letters that are issued in response to these public grievances do not substitute nor could override the orders and decisions taken by the appropriate statutory authority in the exercise of powers vested by the law following the due process and - 3 - procedure established by law. It has also been clarified that the executive instructions issued pursuant to the proceedings in ‘Janta Ka Darbar’ cannot be taken as a stand alone order and the concerned authorities are duty bound to take necessary action after following law. 3. Seen thus, the letter dated 19th October, 2006 issued by the Secretary, Cabinate Co-ordination Department, Government of Bihar, Patna cannot be said to have any legal sanction; it is only an advisory to the concerned authority, which we are afraid, cannot be enforced by issuance of writ of command. 4. In so far as the removal of encroachment on the land said to have been allotted to the displaced persons is concerned, there appears to be a serious dispute as to whether there is at all encroachment as there is title dispute and in the light thereof, if the Single Judge has observed that such grievance has to be got redressed by recourse to ordinary civil proceeding, the said order cannot be said to suffer from any legal flaw. 5. L.P.A. does not deserve to be admitted. It is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-