IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10256 of 2009 ====================================================== MAHANTH SHANKAR NATH, SON OF LATE MAHANTH JANKI BALLAV GIRI, RESIDENT OF VILLAGE GYASPUR, POLICE STATION SHISWAN, DISTRICT SIWAN (BIHAR) .... .... PETITIONER/S VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SIWAN 2. THE SUB DIVISIONAL OFFICER, SIWAN 3. THE BLOCK DEVELOPMENT OFFICER, SHISWAN, SIWAN 4. THE CIRCLE OFFICER, SHISHWAN, SIWAN 5. THE SUPERINTENDENT OF POLICE, SIWAN 6. THE OFFICER-IN-CHARGE, POLICE STATION SHISWAN, DISTRICT SIWAN 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ GYASPUR (P.O.), POLICE STATION SHISHWAN, DISTRICT SIWAN 8. SMT. PRABHAWATI DEVI, MUKHIYA, GRAM PANCHAYAT RAJ GYASPUR, OF VILLAGE SAIDPUR, POLICE STATION SHISHWAN, DISTRICT SIWAN 9. BIR BAHADUR SINGH, SON OF JAGANNATH SINGH, THE EX-MUKHIYA, OF VILLAGE SAIDPUR, POLICE STATION SHISWAN, P.O. GYASPUR, DISTRICT SIWAN 10. RAMA SHANKAR GORD, SON OF NOT KNOWN, RESIDENT OF VILLGE SAIDPUR, P.O. GYASPUR, P.S. SISWAN, DISTRICT SIWAN 11. SHANKAR SINGH, SON OF JANGI SINGH, RESIDENT OF VILLGE NIRKHAPUR, P.O. GYASPUR, P.S. SISWAN, DISTRICT SIWAN 12. GODAWARI KUER, WIFE OF AMIRKAN RAM 13. DILIP RAM, SON OF AMIRKAN RAM 14. RAM CHANDRA RAM, SON OF AMANAN RAM 15. SHIV CHARAN RAM, SON OF MANAN RAM, 16. SHRI BISHUN RAM, SON OF MOHAN RAM 17. MOHAN RAM, SON OF BANWARI RAM 18. MANAN RAM, SON OF BANWARI RAM 19. EKBAL RAM, SON OF MADAI RAM 20. SITARAM RAM, SON OF MADAI RAM 21. SUREDNRA RAM, SON OF SITARAM RAM 22. RAJ KUMAR RAM, SON OF ROSHAN RAM 23. SHUKHDEO RAM, SON OF ROSHAN RAM 24. ROSHAN RAM, SON OF HARESHWAR RAM 25. FULENA RAM, SON OF HARESHWAR RAM 26. HARENDRA RAM, SON OF FULENA RAM 27. SANTOSH RAM, SON OF HIRA LAL RAM 28. AWADH RAM, SON OF SUGRIV RAM 29. GANESH RAM, SON OF NARAYAN RAM 30. ASHOK RAM, SON OF RAMAYAN RAM 31. SOMARU RAM, SON OF CHANNU RAM 32. JAI KISHUN RAM, SON OF RAMESHWAR RAM Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 2 / 7 2 33. RAM NIHAL RAM, SON OF BALESHWAR RAM 34. PRAHLAD RAM SON OF NOT KNOWN 35. MOSTT. SUBHAGIYA, WIFE OF BALESHWAR RAM 36. DHARAMDEO RAM, SON OF KAMLA RAM 37. BIREDNRA RAM, SON OF RAM NIHAL RAM 12-37 ARE RESIDENT OF VILLAGE CHARGACHHIA, GYASPUR, P.O. GYASPUR, POLICE STATION SHISWAN, DISTRICT SIWAN 38. GULAB CHAND NONIYA, SON OF PUNA NONIYA 39. PATARU NONIYA SON OF NARESH NONIYA 40. DUDHNATH, SON OF JIV NANDAN YADAV 41. RAMASHRAY YADAV, SON OF JIV NANDAN YADAV 42. MOTI LAL YADAV, SON OF DOMA YADAV 43. SURESH YADAV, SON OF ALAGU YADAV 44. SUDAMA YADAV, SON OF ALGU YADAV 45. RAMA SHANKAR YADAV, SON OF MOORAT YADAV 46. CHHABILA YADAV, SON OF JAGGU YADAV 47. BANKA YADAV, SON OF JAGGU YADAV 48. SIGHASAN YADAV, SON OF DHARICHHAN YADAV 49. JHHALKU SAH, SON OF NEMDHARI SAH 50. SHRAWAN YADAV, SON OF HARI KISHUN YADAV 51. MATA DEEN MAHTO, SON OF RAMCHANDRA MATHO 52. AKSHYA LAL MAHTO, SON OF RAMAYAN MAHTO 53. GAUTAM MAHTO, SON OF RATAN MAHTO 54. DINANATH MAHTO, SON OF CHANDRADEO MATHO 55. DAHARI YADAV, SON OF TIRGUN YADAV 56. RAMDHANI BAITHA, SON OF CHHABILA BAITHA 57. SHANKAR SAH, SON OF HIRA SAH 58. HARI SHANKAR MANJHI, SON OF JAGARNATH MANJHI 59. BHAROSA MAHTO, SON OF RAJDHARI MAHTO 60. DASRATH MAHTO, SON OF RAJDHARI MAHTO 61. TUNUSH HAZAM, SON OF ISLAM HAZAM 62. BHIKHAM HAZAM, SON OF RAZAQUE HAZAM 63. SHAUKAT HAZAM, SON OF SHER MOHMAD HAZAM 64. SALWAN MIYA, SON OF NOOR MOHMAD MIAN 65. SAHEB DEEN MIAN, SON OF NOOR MOHMAD MIAN 66. NIYAMAT HUSSAIN, SON OF RAHMAN MIYAN 67. MADAN SAH, SON OF DHARAM SAH 68. RAM EKBAL SAH, SON OF BHOLA SAH 69. LAL BABU SAH, SON OF NOT KNOWN 70. DULARI DEVI, WIFE OF BIRENDRA MAHTO 71. PRAHAWATI DEVI, WIFE OF BAIJNATH MAHTO 72. BECHU MIAN, SON OF DOMA MIYAN 73. BIR BAHADUR SINGH, SON OF CHANDRADEO SINGH 74. BIJADHAR RAM, SON OF MAHAVIR RAM 75. GAZADHAR RAM, SON OF MAHAVIR RAM 76. LILADHAR RAM, SON OF MAHAVIR RAM 77. MOHAN RAM, SON OF MAHAVIR RAM 78. SHEOJI RAM, SON OF BABU LAL RAM 79. MUNNI LAL BAITHA, SON OF RANGILA BAITHA 80. SODHA BAITHA, SON OF NOT KNOWN 81. LAL BABU RAM, SON OF DEO RAM Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 3 / 7 3 82. MOSTT. SUKESHYA, WIFE OF RAJ KISHORE RAM 83. RAMA CHAUDHARY, SON OF SHIV RATAN CHAUDHARY 84. RAMESH GAUD, SON OF NOT KNOWN 85. RAM PUJAN RAM, SON OF LAL MOHAR RAM 86. AKSHAY LAL TIYAR, SON OF RAM PRAVESH TIYAR 87. SURESH TIYAR, SON OF MUNNI LAL TIYAR 88. SODHA TIYAR, SON OF BHAGELU TIYAR 89. BASUDEO TIYAR, SON OF BODHA TIYAR 90. MAHESH TIYAR, SON OF NEPAL TIYAR 91. RESHMI TIARIN, WIFE OF SHRI KISHUN TIYAR 92. JAI KISHUN TIYAR, SON OF DUDHNATH TIYAR 93. TETARI TIYARIN, WIFE OF LOOTAN TIYAR 94. LAL BABU TIYAR, SON OF PRABHU TIYAR 95. GARJU TIYAR, SON OF MOOS TIYAR 96. GOPAL TIYAR, SON OF MOOS TIYAR 38 TO 96 ARE RESIDENT OF VILLAGE AND POST OFFICE GYASPUR, POLICE STATION SISWAN, DISTRICT SIWAN 97. HIRALAL YADAV, SON OF BANKA YADAV 98. SINGHASHAN PANDIT, SON OF KULANJAN PANDIT 99. NAGINA PANDIT, SON OF KULANJAN PANDIT 100. RAMNATH PANDIT, SON OF KULANJAN PANDIT 101. SHRI PANDIT, SON OF KULANJAN PANDIT 102. MOSAFIR RAM, SON OF DEWAN RAM 103. NAGINA RAM, SON OF PAWAN RAM 104. AKALOO RAM, SON OF SHEOPUJAN RAM 105. SUCHIT RAM, SON OF DEWAN RAM 97 TO 105 ARE RESIDENT OF MATHIYA GYASPUR, POLICE STATION SISWAN, DISTRICT SIWAN 106. BHAGWAT DUBE, SONOF MANGANI DUBE 107. CHATURBHUJ DUBEY, SON OF MANGNI DUBEY 108. SANJAY DUBEY, SON OF SHAMBHU NATH DUBEY 109. BADAK DHOBI, SON OF JANG DHOBI 110. JIUT DHOBI, SON OF JANG DHOBI 111. BITAN DHOBI, SON OF NAG DHOBI 112. MALKOO GAUD, SON OF RANGLAL GAUD 106 TO 112 ARE RESIDENT OF VILLAGE NIRKHAPUR, POLICE STATION SISWAN, POST OFFICE GYASPUR, DISTRICT SIWAN .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Tejendra Sinha For the Respondent/s : Mr. (Sc19) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 3 20-09-2011 Heard Counsel for the petitioner and the State. Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 4 / 7 4 Apart from the official respodnetns, who are respondents 1 to 6 in this writ application, respondent no. 7, 8 and 9 are the Panchayat Secretary, Mukhiya and the ex-Mukhiya respectively of the Gram Panchayat Raj Gyaspur, Police Station Shiswan, district Siwan. Respondents 10 to 112 are the private respondents. This Court cannot ensure the appearance of 106 private respondents as it requires a lot of time, a huge sum of money to be spent by the petitioner for issuance of notices, especially in view of the facts of this case. Therefore, this Court is passing the order of remand in order to cut short the matter because it would require application of mind by the District Magistrate, Siwan and the action by him and the Superintendent of Police, Siwan if it is found that the claims of the petitioner are bonafide. The facts of this case are that a land ceiling proceeding was initiated against the petitioner/his predecessor-in-interest, numbered as 93 of 1994. Annexure-1 is the declaration under Section 15 (1) of the Ceiling Act by which certain lands of the petitioner have been declared to be surplus. The petitioner was granted exemption from ceiling with respect to lands bearing Khata No. 362, plot nos. 2717 and 4143, measuring 7.44 acres, situated in touzi no. 3675, thana no. 531 in mouza Gyaspur. Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 5 / 7 5 After the ceiling proceedings, the petitioner contested the election of Mukhiya but lost the election. It is alleged that the present Mukhiya i.e. respondent no. 8 Smt. Prabhawati Devi distributed the lands which were exempted from the ceiling proceedings to the respondents 10 to 112 under different schemes such as Indira Awas Yojana, Panchayat Bhawan etc. As a result of the action of the Mukhiya, the lands of the petitioner have been illegally occupied by the respondents 10 to 112. The petitioner being aggrieved by the illegal occupation of the respondents aforesaid has come to this Court to seek relief by praying for removal of encroachment. The District Magistrate, Siwan after taking the help of the other authorities may verify whether the plots mentioned aforesaid belongs to the petitioner and whether they have been exempted under the land ceiling proceedings. The notification etc. has been annexed in the writ application, but it would be open to the District Magistrate to verify the same from his own records. The petitioner would also be at liberty to produce whatever documents are available with him to demonstrate that the lands in question belong to him. After making such an enquiry, notices may be issued Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 6 / 7 6 to the Mukhiya concerned and an explanation be sought as to how she has allotted the lands in question to respondents 10 to 112. The District Magistrate will ensure that notices are given to respondents 10 to 112 by beating of the drums as it would be impossible to serve individual notices on the respondents 10 to 112. In order to further establish that the residents of plot no. 2717 and 4143 have notice regarding the State’s intention to remove the encroachment from the lands in question, pamphlets may be stuck by the district administration at important places in that area, such as Panchayat Bhawan, temples, Schools, Bazaars so that the respondents would not have any occasion to say that they had no knowledge of the said removal of encroachment. The respondents may also publish a notice in a Hindi newspaper widely circulated in the village or announce it in the radio in the ‘Vividh Bharti’ pragramme. The respondents 10 to 112 may file their objections within a period of one month after the beating of drums etc.. The objections should be considered and disposed of as expeditiously as possible. The entire procedures discussed above should take no longer then six months. If it is found that the lands in question have been illegally allotted, thereafter, Patna High Court CWJC No.10256 of 2009 (3) dt.20-09-2011 7 / 7 7 steps should be taken to remove the encroachment from the said lands and a criminal case should be instituted against the persons who had allotted lands belonging to the respondents 10 to 112 immediately after receiving a reply to the show cause of the Mukhiya concerned. Counsel for the petitioner is directed to produce a copy of this order before the District Magistrate, Siwan and the Superintendent of Police, Siwan within a period of two weeks from today. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)