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2004 DIGILAW 1146 (PAT)

Ram Naresh Singh v. State Of Bihar

2004-11-22

R.S.GARG

body2004
Judgment 1. Heard learned counsel for the parties. 2. In some encroachment removal proceedings an order against the interest of the petitioner was passed, the matter was taken to the Collector and the Collector ordered the S.D.O. that measurement be taken in presence of the parties. 3. The complaint of the petitioner is that measurement was taken by the S.D.O. with the help and assistance of the Amin, but not in presence of the petitioner and when this fact was brought to the notice of the Collector, without looking to the earlier orders the Collector also observed that the petitioner is an encroacher. It is also submitted by the petitioner that number of others have also made encroachments on the public land by constructing their septic tanks and sewage lines. He submits that for the reasons best known to the authorities the petitioner has been singled out probably because he does not belong to a particular class or so. 4. Learned counsel for the State submits that the State is not extending stepmotherly treatment to the petitioner but the authorities would act in accordance with law and would remove the encroachments made by any and every persons on the public land. 5. The petition is disposed of with the directions that the petitioner shall appear before the concerned Collector with a copy of this order on or before 17th December, 2004. After receiving the copy of this order, the Collector shall fix the date for taking measurement and a direction would be issued to the S.D.O. that in presence of the petitioner on the said date the measurement should be taken. If despite fixing of the date the petitioner does not appear on the spot then the S.D.O. may proceed with the measurement proceeding and at the same time may also demolish the illegal constructions. If the petitioner appears and it is found that he has made no encroachment then the matter would be dropped. 6. It is however, made clear that action shall be taken not only against the petitioner but against the other persons who have made encroachments on the public land and nobody howsoever strong he is either with muscle power or the political power or political patronage shall be spared. 7. 6. It is however, made clear that action shall be taken not only against the petitioner but against the other persons who have made encroachments on the public land and nobody howsoever strong he is either with muscle power or the political power or political patronage shall be spared. 7. At this stage, learned counsel for the State submits that the petitioner takes law in his own hands and is not permitting the authorities to take measurement. If that be so, the S.D.O. shall be free to take legal action against the petitioner including lodging of a first information report so that the proceedings under sections 151, 107 and 112 Cr. PC are drawn against him and he is taken into custody because of his causing interference in discharge of official duty by a public servant.