IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11968 of 2005 SIYA RAM YADAV @ SIYA RAM SING Son of Late Ram Jasi Singh, resident of Jeorakhan Tola, Beapur, Police Station Maner, District- Patna. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Patna 3. The Sub-Divisional Matrisrate, Danapur, Patna. 4. The Circle Officer, Maner, Patna. 5. Mangal Rai, son of Nakh Lal Rai, (resident of Jeorakhan Tola Colony, P.S. Maner, District- Patna). At present ward member-10, Darbeshpur Uparwar, Dakhinipanchayat, P.S. Maner, District- Patna. . . . . . Respondents. ----------- 16/ 02.02.2010 Heard learned counsel for the petitioner and the State. The petitioner prays for quashing order dated 15.06.2005 passed in Misc. Case no. 6/04-05 by respondent no.2, District Magistrate, Patna by which he directed to free plot nos. 222 and 223 under Tauzi no. 3699, Khata no. 184, plot no. 1177 of Mauza Darveshpur Dakshini, Maner of any encroachment. One Mangal Roy filed a writ application being C.W.J.C. no. 7870 of 2004 stating that land appertaining to plot nos. 222 and 223, which has been allotted for construction of Community Hall in Darveshpur Dakshini, Maner has been encroached. This Court vide order dated 16.07.2004 disposed of the writ application with an observation that petitioner Mangal Roy should approach the District Magistrate, who would take steps to prevent the land from such encroachment. Pursuant to the aforesaid order of this Court, the District Magistrate, Patna has passed the impugned order dated 12.06.2005, as contained in Annexure-9. It would appear from the impugned order that the petitioner Siya Ram Yadav @ Siya Ram Singh also filed Vakalatnama on 31.08.2004. The District Magistrate - 2 - noted that the petitioner stated that plot nos. 222 and 223 are his raiyati land and the government acquired the same for settling the people affected by the flood. He complained that up till now he did not receive any compensation. The District Magistrate also referred to the report of the Sub-Divisional Officer, Danapur vide letter no. 160 dated 19.04.2005 on the basis of the aforesaid facts the District Magistrate observed that the petitioner has indirectly admitted encroachment, as such he directed for removal of the encroachment from plot nos. 222 and 223. Learned counsel for the petitioner now submits that only 24 decimals of total land of 84 decimals of plot no. 1172 of Tauzi no. 3699, Khata no. 184 was acquired by the Government in the year 1981. Subsequent thereto he purchased 60 decimals of land from three registered sale deeds in the year 1986, which has now been acquired by the Government. In paragraph 10, the learned counsel has given the details of the plot. He further submits that from old plot no. 1172, new plot nos. 205, 222 and 223 have been carved out. He submits that the disputed plot is 205 and Parcha has been issued in his favour in respect of plot no. 222 and 223. Learned counsel for the petitioner in support of his contention has placed reliance upon Annexure-6 along with the map attached. Learned counsel for the State submits that petitioner stated before the District Magistrate that the aforesaid plot was acquired by the Government but he had not got the compensation. He further refers to Annexure-7 which is a report of the Sub-Divisional Officer, - 3 - Danapur wherein it has been stated that the petitioner has made a hut and Atta Chakki mill and doing business on the aforesaid plot and the encroachment has not been removed. He further states that the petitioner had filed a Title Suit no. 60 of 1987. It appears that the stand of the petitioner is that the land in issue namely plot nos. 222 and 223 are his own purchased land and the same has not been acquired whereas the stand of State is that the encroachment has been removed from the plot, which was acquired by the Government. In view of the complexity of the facts, this Court finds that in case, if petitioner has any grievance, he may file a suit for redressal of his grievance. With the aforesaid observation, this writ application is disposed of. Uday/ (Samarendra Pratap Singh, J.)