IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. NO.9472 of 2011 MADHUSUDAN UPADHYA, VILLAGE BANKATWA, BANIPATTI POST OFFICE AND POLICE STATION BAGHA, ANCHAL BAGHA -I, WEST CHAMPARAN. VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, WEST CHAMPARAN AT BETTIAH 3. THE SUB DIVISIONAL OFFICER, BAGHA 4. EXECUTIVE ENGINEER, GRAMIN WORKS DEVELOPMENT DEPARTMENT, DIVISION II, BETTIAH 5. BLOCK DEVELOPMENT OFFICER, BAGHA 6. ANCHAL ADHIKARI, BAGHA- I ANCHAL 7. MD. MUMTAJ ALI, CONTRACTOR, BANKATWA, BENIPATTI. ---------------------------------- 2 01.08.2011. The petitioner submits that the Executive Engineer, Rural Works Division granted fund for construction of boundary wall of Kabristan (Cemetery) in village Bankatwa. Respondent no.7 Md Mumtaz Ali was appointed agent for executing the work. The petitioner complains that while raising the boundary wall his private land has also been brought within the boundary wall of the Kabristan. On application of the petitioner, Circle officer, Bagaha started Seemankan Case No. 11 of 2010-11. The petitioner submits that the Circle officer, Bagaha in his report dated 21.1.2011, contained in Annexure- 4 submitted to the Sub-divisional officer, Bagaha that 16 decimals of land of Plot no. 1121/1 and 114 decimal of land of Plot no. 455 of Khata no. 170 has been encircled. A copy 2 of the report of Anchal Amin dated 18.01.2011 as well as letter no. 66 dated 21.1.2011 of the Circle officer, Bagaha-1, West Champaran have been annexed as annexures 2 and 4. The District Welfare Officer also in his letter no. 810 dated 29.11.2010 observed that respondent no.7 began construction work without consulting the respondent-officials. It appears that the petitioner has already filed a detailed representation in this respect before the Collector, west Champaran at Bettiah. The learned Collector would ascertain whether any Raiyati land of the petitioner has been encircled/encroached while raising the boundary wall. The enquiry should be completed preferably within 6 weeks from the date of receipt/production of a copy of this order. Till then construction of the boundary wall from the side of land of the petitioner would remain stayed by way of interim measure Shashi. (Samarendra Pratap Singh,J.)