Ramchandra Rai vs State Of Bihar

Heard Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner; Mr. Atul Shankar, learned counsel representing the State and Mr. Sanjay Kumar, learned counsel appearing on behalf of the Zila Parishad, East Champaran, Motihari.

The petitioner, by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution, has prayed for removal of the encroachment made over Khata No. 119 and Khesara Nos. 709 and 564, which is the land exclusively falls within Zila Parishad, East Champaran, Motihari.

It is the specific case of the petitioner that the land in question had been duly encroached by the private respondent nos. 10 to 14. In compliance to the order of this Court dated 24.04.2023, a counter affidavit on behalf of respondent nos. 7, 8 and 9 has been filed, the copy of which has been served upon learned counsel for the petitioner.

Learned counsel representing the respondent nos. 7, 8 and 9, with reference to the statements made in the counter affidavit, submits that pursuant to the order of this Court, the Deputy Development Officer-cum-Chief Executive Officer, East Champaran directed the Circle Officer, Phenhara to remove the encroachment from the land in question and in response thereto, the Circle Officer, Phenhara vide Letter No. 215 dated 09.05.2023 submitted a detailed report with photographs stating therein that the encroachment has been removed from the land in question.

The aforesaid submission has been partially refuted by the learned counsel for the petitioner and submission has been made that though partial encroachment has been removed but till date certain construction still lying on the land in question and thus, the order of the Hon’ble Court has neither been complied nor the encroachment has been completely removed.

Be that as it may, considering the specific affidavit filed on behalf of respondent nos. 7, 8 and 9 as also the letter of the Circle Officer, Phenhara showing that the encroachment has been removed from the land in question, the present writ petition stands disposed of. However, it is made clear that even if the partial encroachment would be found at the land in question or in future the same would be surfaced, the respondent-Circle Officer, Phenhara and the S.H.O., Phenhara shall be personally accountable for the same and appropriate order would be passed against them.

In view of the aforesaid observations, the present writ application stands disposed of.