IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.554 of 2010 1. PRIYAMDA BAHAN W/O SATISH NARAYAN R/O VILL.- WEST AJIMIGANJ (PURANI) NEAR HAWELI, KHADAGPUR, P.O. + P.S. - HAWELI KHADAGPUR, DISTT.- MUNGER Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER MUNGER 3. THE COLLECTOR MUNGER 4. THE SUB-DIVISIONAL OFFICER KHADAGPUR, MUNGER 5. THE CIRCLE OFFICER HAWELI KHADAGPUR, MUNGER 6. THE OFFICER-IN-CHARGE HAWELI null KHADAGPUR, POLICE STATION OF MUNGER DISTRICT- ----------- 2 15.2.2010 Petitioner’s grievance is that she has a house at Haweli Kharagpur in the district of Munger. The pass way leading to her house is a Gairmazarua Aam Land. Her neighbours living the said pathway had illegally encroached upon the said land completely blocking her pass way.The result is that she has to find other pass way going through Pokhar and she has now virtually land locked. She made complainst in this regard to different authorities in the district. Pursuant whereto the Circle Officer , Kharagpur initiated Public Land Encroachment Proceeding no. 2/2009-10 against several persons. In those proceedings Anchal Amin was appointed for survey the area and filed a report .Report having been submitted, it clearly shows that various persons who had encroached on the public path way, which resulted in obstruction of petitioner’s right of way. Petitioner is suffering every day but the proceedings are not being concluded. Various officers of the State are writing to the Circle Officer to - 2 - conclude the proceedings and take steps for removal of encroachment but for the reasons best known , the proceedings are not being concluded and the petitioner is suffering every day merely because the encroachers happen to be the influential persons. Having heard the parties, in my view, these are the questions which are to be decided by the authority ,at the first instance but one thing is clear from the facts, as pleaded and records in support thereof that encroachment proceedings are not being expeditiously dealt with. In such a situation, I direct the Collector of the district being Collector, Munger to ensure that the Circle Officer, Kharagpur, who is also a Collector within the meaning of Bihar Public Land Encroachment Act to dispose of the proceedings within a period of six weeks from the date when the Collector passes such an order. In case Circle Officer has any difficulty in the matter I may point out that Sub- divisional Officer, Kharagpur is also a Collector under the provision of the said Act and the Collector of the district can transfer the proceeding from Circle Officer to Sub-divisional Officer, Kharagpur and ensure that the proceedings are disposed of expeditiously and if encroachments are found, they are also removed expeditiously in accordance with law. The responsibility in this regard would squarely of the Collector of the district. The writ petition stands disposed of. singh (Navaniti Prasad Singh,J)