Dashrath Sah vs State of Bihar & Ors

Heard learned counsel for the petitioner and the State.

In the instant writ petition the petitioner has prayed for the following reliefs:

The case of the petitioner is that his father had purchased the land in question in the year 1959, which after his death was devolved upon the petitioner and his brothers by partition. The private respondent 2^nd set, on the strength of a forged and fabricated Mahdanama, trespassed upon and continued to obstruct the petitioner's peaceful possession over the land. Later on the Land Reforms Deputy Collector, Manjhaul, vide order dated 13.12.2012 in Land Dispute Case No.57/12, recognized the petitioner's title and possession and restrained the private respondent 2^nd set, and the said order was also upheld in an appeal by the Divisional Commissioner, Munger, with a further direction to institute criminal proceedings against the private respondent for the forged document. Despite the said orders attaining finality and despite a further order dated 19.4.2018 passed in Execution Case No.02/17-18 directing restoration of possession and police protection, neither has possession been restored to the petitioner, nor has the construction/encroachment been removed, nor has any first information report been lodged against the private respondent, notwithstanding repeated representations made by the petitioner before the District Magistrate, Superintendent of Police, Circle Officer and other authorities concerned.

Learned counsel for the petitioner submitted that in the order dated 19.4.2018 passed in Execution Case No.02/17-18, the Circle Officer and the Officer In-charge of Police Station were directed to protect the petitioner and to restore his possession over the land in question and thereafter to lodge a criminal case against the private respondent yet till date possession has not been given to the petitioner. It was also submitted that although the boundary wall on one side of the encroached land has been removed, the bricks have not been removed either by the administration or by the private respondents, and that the boundary wall constructed by the private respondent towards the Aam Rasta/road over the land in question is still existing. The Counsel also submitted that the authorities pressed the petitioner to sign a paper which could not be read over to him, and that he signed the same on threat/pressure of the authorities.

Learned counsel for the petitioner lastly submitted that despite a specific direction contained in the order dated 19.4.2018 for institution of a criminal case against the private respondent for producing a forged and fabricated Mahdanama, no first information report has been lodged till date, and that the counter affidavit filed on behalf of the answering respondents is conspicuously silent on this aspect, thereby demonstrating continued non-compliance of the order of the competent authority.

Learned counsel for the State submitted that pursuant to the order dated 19.4.2018, the land was got measured through the Anchal Amin, who found an encroachment of 0.14 decimal on the land of the petitioner as well as encroachment upon the Survey Sarak, and that the Sub Divisional Officer, Manjhaul, deployed a Magistrate and police force to give effect to the said order and the order of this Hon'ble Court.

Learned counsel for the State further submitted that in furtherance thereof, possession over the land in question was delivered to the petitioner on 07.05.2026 by the Magistrate and police force, in respect of which a spot report was prepared and signed by the petitioner along with the Magistrate and police personnel, duly supported by photographs, and that the allegation of collusion between the local authorities and the private respondent is incorrect and baseless and stands denied.

Having heard the parties and perused the records, it is obvious that steps has been taken by the authorities in respect to the removal of the encroachment but the same has not been removed completely despite the order dated 19.04.2018 passed in Execution case no. 02/17-18.

It is expected that the authorities concerned shall look into the matter and shall comply with the order dated 19.04.2018 and as such take all positive steps as expeditiously as possible preferably within 3 months from the date of receipt of a certified copy of this order, after following the due process of law.

Accordingly, the present writ petition stands disposed of on the aforesaid terms.