IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14908 of 2005 1. Botu Ram S/O Late Bal Chand Ram 2. Jai Lal Pandit S/O Imrit Pandit, Both are resident of village- Sekhauna, P.S. Ghora Sahan, Anchal- Ghora Sahan, District- East Champaran. Versus 1. The State of Bihar 2. The District Magistrate, East Champaran, Motihari. 3. The Superintendent of Police, East Champaran, Motihari 4. The Sub- Divisional Magistrate Sikrahana at Dhaka within the District of East Champaran, Motihari 5. The Land Reforms Dy. Collector, East Champaran, Motihari. 6. The Dy. Superintendent of Police, Sikrahana at Dhaka within the District of East Champran, Motihari. 7. The Circle Officer- Anchal- Ghorasahan within the District of East Champaran, Motihari. 8. The Circle Inspector- Anchal- Ghorasahan within the District of East Champaran, Motihari. 9. The Officer Incharge, Ghorasahan within the District of East Champaran, Motihari. ---------------------------------- 2. 29.11.2011 Heard Mr. Shri Prakash Srivastava, learned counsel for the petitioners and learned counsel for the State. The writ petition has been filed for a direction upon the respondents to get the encroachment removed from Khata No. 539 Plot No. 3744 measuring an area of 18 decimals. The petitioners are Purcha holders and the land was given by the State to them but the stand is that they have not been given possession of the land in question. Upon hearing learned counsel for the parties, this Court feels that the grievance of the petitioners are genuine since the lands in question 2 basically were Government land and it was the duty of the Government to ensure that the land which was given by way of purcha to the petitioners was free from all encumbrances and also actual possession was required to be given to them, which does not appear to have been done. Considering the facts and circumstances of the case, the writ petition stands disposed off with a direction to the District Magisrtrate, East Champaran, Motihari to ensure that the land given to the petitioners are free from any encroachment. Let the same be done in accordance with law within two months from the date of receipt/production of a copy of this order upon the District Magistrate, East Champaran, Motihari. Anand Kr. (Ahsanuddin Amanullah, J.)