IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.13598 OF 2005 1. SAVITRI DEVI WIFE OF SRI RAM BADAN CHAUDHARY, RESIDENT OF VILLAGE PAKRI, P.S. PHULWARI, DISTRICT-PATNA 2. MAHENDRA PRASAD MAHTO SON OF SRI RAMDEO MAHTO, RESIDENT OF VILLAGE PAKRI P.S. PHULWARI DISTRICT- PATNA 3. INDU DEVI WIFE OF SRI KRISHNA THAKUR, RESIDENT OF VILLAGE PAKRI, P.S. PHULWARI, DISTRICT-PATNA 4. SHANTI DEVI WIFE OF SHRI UPENDRA PRASAD SINGH AT PRESENT WORKING AS LAB. TECHNICIAN IN GARDANIBAGH HOSPITAL, P.S. GARDANIBAGH, P.O. ANISABAD, PATNA-2 5. MADAN SAO SON OF SRI NANHKU SAO, RESIDENT OF VILLAGE PAKARI, P.S. PHULWARI, DISTRICT- PATNA 6. RABINDRA NATH MISHRA SON OF LATE LAKSHMI NARAYAN MISHRA, RESIDENT OF VILLAGE PAKRI, P.S. PHULWARI, DISTRICT- PATNA AT PRESENT RESIDENT OF MOHALLA DADAR MANDI, P.S. ALAMGANJ, P.O. GULZARBAGH, PATNA 800007 DISTRICT- PATNA 7. KISHORI PRASAD SON OF LATE LALA MAHTON, RESIDENT OF GAUTAM NAGAR, JANTA ROAD, P.S. GARDANIBAGH, DISTRICT- PATNA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, REVENUE & LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER, PATNA DIVISION, PATNA 3. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, PATNA 4. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 5. BHARAT PETROLEUM CORPORATION LIMITED, REGISTERED OFFICE AT BHARAT BHAWAN, 4 & 6 CURRIMBHOY ROAD, BALLAD ESTATE IN THE TOWN OF MUMBAI-68 PIN 400068 THROUGH ITS MANGAING DIRECTOR 6. BHARAT PETROLEUM CORPORATION LIMITED THROUGH ITS TERRITORY MANAGER, BHARAT PETROLEUM CORPORATION LIMITED, PATNA AT VILLAGE BISHNUPUR, PAKARI (T.O.P. ROAD SIPARA) P.S. PHULWARI, P.O. ANISABAD, PATNA-2 ---------------------------------- 2 23.11.2011 Heard learned counsel for the petitioners and learned counsel for the State. The writ petition has been filed for a direction to the respondent-State authorities to free the land, which has been given to the petitioners by way of lease for 99 years by Bharat Petroleum Corporation Limited, from encroachment so that they can enjoy its peaceful possession. It appears that the land of the petitioners alongwith others was acquired for the purpose of use by 2 Bharat Petroleum Corporation Limited. Out of the acquired land, when the scheme was over, certain lands were left unutilized. Petitioners, whose land had been taken away and had no other land to build their houses on, approached the Bharat Petroleum Corporation Limited to accommodate them by providing some land for them to build their houses. As a goodwill gesture, the Bharat Petroleum Corporation Limited executed the deed of lease for 99 years with the petitioners of portions of land which remained unutilized from the total land acquired. The grievance is that inspite of the above the lands are encroached upon and the petitioners have not come in possession of the same, and thus, a direction is sought upon the respondents to given them vacant and peaceful possession. Learned counsel for the State on the basis of the averments made in the counter affidavit submits that though the Bharat Petroleum Corporation Limited has requested it to free the land from encroachment, but they have replied to the same saying that since it was a goodwill gesture on their part, the District Administration could not be involved in the same and no responsibility rested with it. He further submits that there is categorical statement in paragraph 6 of the counter affidavit that the land in question is part of the land acquired for construction of 3 approach road. Considering the facts and circumstances of the case, this Court is of the firm opinion that the District Administration cannot shirk its responsibility in making the land in question encroachment free. The lands were indisputably acquired by the District Administration, though for the purposes of utilization by the Bharat Petroleum Corporation Limited, and in that view of the matter the District Administration is accountable for ensuring that the Bharat Petroleum Corporation Limited got unencumbered and free possession of the entire land. It appears that the same was not done as is the usual practice, though technically the land was handed over to the Bharat Petroleum Corporation Limited, but from the ground reality it is apparent that the same was not done physically but only on paper. Thus, the District Administration has the obligation to discharge its duty and ensure that the land in question is handed over to the Bharat Petroleum Corporation Limited free of all encumbrances and encroachment. Accordingly, the writ petition stands disposed off with a direction to the District Magistrate, Patna to get the land in question free from any sort of encroachment in accordance with law and hand over the possession physically to the authorities of the Bharat Petroleum 4 Corporation Limited who shall thereafter act in accordance with law. The said exercise should be completed within three months from receipt/production of a copy of the present order on the District Magistrate, Patna. Manish/- ( Ahsanuddin Amanullah,J.)