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2024 DIGILAW 1046 (PAT)

Md. Modassir v. State of Bihar

2024-11-11

MOHIT KUMAR SHAH

body2024
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the notice dated 16.03.2023, issued by the Circle Officer, Circle-Bajpatti, District-Sitamarhi, whereby and whereunder the petitioner has been directed to stop the construction work being carried out over Khata No.3625, Khesra No.15122, situated at Mauza-Madhuban Basaha, Thana No.103. 2. The learned counsel for the petitioner submits that earlier also encroachment proceedings were initiated by the Circle Officer, Circle- Bajpatti, District- Sitamarhi, i.e. the respondent no.4, which was challenged by the petitioner by filing a writ petition, bearing CWJC No.12659 of 2006 and a co-ordinate Bench of this Court by an order dated 19.07.2011 had remanded the matter back to the Circle Officer, Circle-Bajpatti, District-Sitamarhi to hear the petitioner and all concerned parties and then pass the final order, in accordance with law. Thereafter, the respondent no.4 had passed the final order on 18.11.2011, holding that the land of the petitioner in question is not the land of the Government of Bihar and the Government of Bihar has got nothing to do with it. The relevant portion of the said order 18.11.2011 is reproduced hereinbelow:— ^^mijksDr lHkh rF;kas ls ;g Li"V gS fd vkosnd }kjk 2 Mhñ dk fMxzh flfoy U;k;ky; ls rFkk foi{kh eksñ eksnLlhj }kjk 10 Mhñ dk vkns'k pdcanh U;k;ky; ls djk pwds gSaA nksukas i{k loZs uañ 15122 ds mñiwñ dksUk ls nkok djrs gSaA tcfd nksukas i{kkas ds i{k eas ikfjr vkns'k eas mijksDr Hkwfe fcgkj ljdkj ds [kkrs ls fcyqIr dj nh xbZ gS rks ml Hkwfe ls fcgkj ljdkj dks dksbZ ljksdkj ugha jg tkrk gSA bl izdkj fooknh Hkwfe yksd Hkwfe ugha jg x;k gSA vr,o vfrØe.k okn pykuas dk dksbZ vkSfpR; ugha jg tkrk gSA blfy, ;g ekeyk fo'kq) LoRo dk gSA mijksDr fLFkfr eas vfrØe.k okn dks lekIr fd;k tkrk gSA** 3. It is next contended by the learned counsel for the petitioner that again the respondent no.4 has sought to initiate encroachment proceedings, which in any view of the matter are not maintainable and in case the respondent-State is of the opinion that the petitioner has encroached public land, it is required to approach the learned Civil Court of competent jurisdiction for declaration of its right, title and interest over the land in question. 4. 4. Per contra, the learned counsel for the respondent-State submits that in pursuance to an appeal filed by one Ram Narayan Prasad Raman, bearing Appeal Case No.22 of 2023, before the learned Court of Collector, Sitamarhi, the Revenue Karamchari was directed to make an inquiry, whereafter a report was submitted by the Revenue Karamchari, stating therein that the land in question is a government land, which has then been perused by the learned Collector, Sitamarhi and the aforesaid Appeal Case No.22 of 2023, has been kept pending. 5. I have heard the learned counsels for the parties and perused the materials on record. This Court finds that the encroachment proceedings initiated earlier by the respondent no.4 qua the petitioner herein have stood dropped, hence no second encroachment proceeding can be initiated qua the petitioner, pertaining to the same land in question. Reference in this regard be had to a judgment rendered by a co-ordinate Bench of this Court in the case of Sri Kali Prasad Seal vs. The State of Bihar, reported in 1969 PLJR 23 , as also the one rendered in the case of Mahanth Ramagya Giri vs. The State of Bihar and Ors., reported in (1991) 2 PLJR 249 and the one reported in (2014) 3 PLJR 798 [: 2014 (4) BLJ 73 ] (Tapeshwar Prasad Singh vs. The State of Bihar and Ors.). Nevertheless, this Court finds that in case the respondent-State is sanguine about its claim regarding the aforesaid land in question being a government/public land, it will be at liberty to approach the learned Civil Court of competent jurisdiction for such a declaration. 6. Having regard to the facts and circumstances of the case and for the forgoing reasons, I deem it fit and proper to quash the letter dated 16.03.2023, issued by the respondent no.4, whereby and whereunder the construction being made by the petitioner over his land appertaining to Khata No.3625, Khesra No.15122, admeasuring 44 decimals, situated at Mauza-Madhuban Basaha, Thana No.103, Circle- Bajpatti, District-Sitamarhi has been directed to be stopped. Nonetheless, the respondent-State is granted liberty to approach the learned Civil Court of competent jurisdiction for declaration of its right, title and interest over the land in question and/or for seeking a declaration that the land in question is a public/Government land, if it so deems it fit and proper. 7. The writ petition stands allowed.