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Judgment
I.A. No. 1695 of 2007 has been filed by the Intervenor
Deepeka Devi to implead her as Respondent No. 6.
Let the Intervenor be impleaded as Respondent No. 6.
Corrections be made accordingly.
Inter alia contending that there is illegal encroachment
on Government land bearing Khata No. 422, Khesra No. 355, Thana
No. 31, area- 6? decimal situated at Village- Sakshmipur Shivnar,
District- Patna and inspite of complaint, the same is not being
removed, this petition has been filed in public interest.
However, the intervenor has brought on record
proceedings pending in Title Suit No. 168 of 2009 and she claims that
she is title owner of the property in question and has filed a suit which
has been disposed of and decree is in her favour.
Taking note of the totality of the circumstances and the
materials available on record, particularly the assertion made by the
intervenor Smt. Deepika Devi, it is not appropriate for us to make any
indulgence in the matter exercising our extraordinary jurisdiction
under Article 226 of the Constitution and direct for removal of
encroachment, particularly when the decree is in favour of the
intervenor. In case petitioner has any grievance with regard to
encroachment, he has got statutory remedy of approaching the
statutory authority under the Bihar Public Land Encroachment Act.
Accordingly, granting liberty to the petitioner to take
recourse to the statutory remedy of approaching the statutory authority
under the Bihar Public Land Encroachment Act, the writ petition
stands disposed of.