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2025 DIGILAW 1054 (PAT)

Sujit Kumar Ojha v. State of Bihar

2025-12-10

A.ABHISHEK REDDY

body2025
A. Abhishek Reddy, J.—Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The present writ petition has been filed for the following relief(s):— “For issuance of an appropriate writ, order or direction to the respondents for getting the encroachment over Plot No. 963, Khata No. 700, Thana No. 27, Area-3 katha, 16 dhurs, Gairmajarua Malik Land meant for road described in Paragraph No. 3 of this writ application, vacated and accordingly keep it so that in future also no encroachment on the land should be allowed.” 3. Learned counsel appearing on behalf of the petitioner submits that the petitioner has made an application to the competent authority i.e. Respondent No. 5 herein complaining about the illegal and unauthorized encroachment of the Government land in Plot No. 963, Khata No. 700, Thana No. 27, admeasuring an area of 3 katha 16 dhurs, which is classified as Gairmajarua Malik land. Learned counsel submits that though the petitioner has made a complaint way back in the year 2022, the authority till date has not taken any steps for removing the encroachment of the Government land. Further, it is submitted that the said land is meant for public road and unauthorized persons have illegally encroached the same. Learned counsel submits that a direction may be issued to Respondent No. 5 to dispose of the encroachment case pending before him as expeditiously as possible by putting a time-frame. 4. In the counter affidavit filed by the Respondent No. 5, it is specifically stated that pursuant to the complaint made by the petitioner, the authorities have initiated a land encroachment proceedings against the unauthorized and illegal encroachers and during the course of investigation, names of 21 persons were found in the Jamabandi which was suspicious in nature. Therefore, the authority has taken steps to get the Jamabandi cancelled and has addressed various letters to the Additional Collector, Saran on 05.07.2024. Learned counsel appearing on behalf of the Respondent No. 5 further submits that as and when the Jamabandies are cancelled, the illegal encroachers will be removed from the unauthorized occupation of the Government land and the road will be restored. 5. Admittedly, in the present case, the petitioner has made a complaint way back in the year 2022. Learned counsel appearing on behalf of the Respondent No. 5 further submits that as and when the Jamabandies are cancelled, the illegal encroachers will be removed from the unauthorized occupation of the Government land and the road will be restored. 5. Admittedly, in the present case, the petitioner has made a complaint way back in the year 2022. The authority, except issuing notices to the encroachers and also filing an application for cancellation of the Jamabandi, addressing a letter to the Additional Collector, Saran, Chapra seeking cancellation of the Jamabandi in the month of July, 2024, has not taken any further steps to see that the proceedings are initiated by the Additional Collector, Saran, Chapra for cancellation of the Jamabandi and take necessary steps for removing the encroachment. 6. Having regard to the same, Respondent No. 5 is directed to approach the Additional Collector, Saran, Chapra and apprise him of the necessity to cancel the Jamabandies which are found to be suspicious and existing in the name of 21 persons. The Additional Collector, Saran, Chapra is also directed to consider the letters sent by the Respondent No. 5 herein dated 05.07.2024 and various letters which are annexed along with the writ petition as Annxure-D series and take necessary steps to see that the Jamabandi entries which are found to be suspicious are cancelled at the earliest and thereafter the Respondent No. 5 is directed to remove the encroachments if it is held that the subject land is a Government land. The authority shall endeavour to see that necessary orders are passed as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition stands disposed of.