IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.479 of 2010 1. TARIQUE ANWAR S/O ABDUL RASHID R/O VILL BAURA, P.S.KORHA,DISTT- KATIHAR 2. ABDUL QUIYUM S/O LATE SABIT ALI R/O VILL BAURA, P.S.KORHA,DISTT- KATIHAR VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE KATIHAR 3. THE SUB-DIVISIONAL OFFICER KATIHAR 4. THE CIRCLE OFFICER KORHA,DISTT-KATIHAR 5. THE BLOCK DEVELOPMENT OFFICER KORHA,DISTT-KATIHAR 6. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORKS DIVISION NO.2 KATIHAR 7. THE ASSISTANT ENGINEER, RURAL WORKS DEPARTMENT SUB-DIVISION, KATIHAR 8. THE JUNIOR ENGINEER, RURAL WORKS SUB-DIVISION KATIHAR ----------- 02 08.02.2010 The petitioners are raiyats of land pertaining to Khata Nos.542 & 543 at Mauza Bhatwara in Block Korha, Sub Division and District-Katihar. Their grievance is that a road was sanctioned under Prime Minister Rural Road Construction Scheme. While doing so, it was found that the public road has to be reconstructed was illegally occupied by large number of persons. Petitioners’ grievance is that the local Circle Officer and the contractors (Engineers of the Rural Works Department) entrusted with the road construction work are in league to finish the work as early as possible and receive payments. They have chosen to deviate from the road leaving encroachers free and construct upon petitioners’ land, as noticed above. These facts apparently are not in dispute if one refers to Annexure-9 being Memo No.935 - 2 - dated 02.07.2009 of Sub Divisional Officer, Katihar to Circle Officer, Korha. In this communication these facts are specifically noticed and the Circle Officer is directed to remove encroachers from the public land without encroaching upon the lands of the petitioners. Petitioners’ grievance is that even the Executive Engineer of the Rural Works Department is seeking free to work wrote to the Circle Officer but the Circle Officer is in anxiety to finish the work is not taking any steps to remove the encroachers from the road and in league with the Junior Engineer is continuing with construction on petitioners’ land illegally. This is a serious matter. I, therefore, direct the District Magistrate-cum- Collector, Katihar and Sub Divisional Officer, Katihar to look into the matter and ensure that no part of petitioners’ land is encroached upon and/or disturbed. They would also ensure that the public road is made free from encroachers so that the road can be constructed thereon under the programme aforesaid without in any manner disturbing or giving over petitioners’ land. The Collector of the District and the Sub Division Officer would act accordingly with expeditious steps being taken in the matter immediately upon copy of order of this Court being filed before them. Pending enquiry, they would restrain the Circle Officer and the Engineers from proceeding further in the matter. All - 3 - enquiries and actions be taken within 15 days from production of a copy of order of this Court before the respective parties. With these observations and directions, the writ petition stands disposed of. Trivedi ( Navaniti Prasad Singh, J. )