Bimal Kumar vs State of Bihar And Others

Alok Kumar Pandey, J

In the instant petition, the petitioner has prayed for following reliefs:-

“For the removal of Encroached from Private Respondent. upon the raiyati ancestral land of petitioner whereupon the title of father of petitioner namely Chitradeo Poddar was decided by Judgment dated 13.4.23 and decree dated 24.4.2023 passed in Title Suit No. 65 of 2015 (Reg. No. 841/15), though the Private respondents are only encroacher and were not contested during the long time suit proceeding since the year 2015 (the institution of suit till 13.4.2023 (the date of judgment).

(ii) For removal of рисса /kachhcha construction of private respondents without any right, title and interest only with a self made opinion that the land is of Government land as per entry in khatiyan as Gair Mazarua khash land though the land was already settled in favour of ancestor of petitioner and the Circle Officer already decided the matter by order dated 19.4.17 /28.11.2017 in Jamabandi Case no.13/2016-2017.

(iii) For direction /order to pay the litigation cost as well as cost of defamation to the petition by the private respondent, in disobedience of public order passed by the Circle Officer dated 19.4.2017/ 28.11.2017 in Jamabandi Fixation Case No.13/2016- 17 as well as the Judicial order Judgment and decree passed in Title Suit No. 65/2015 (Reg. No. 841/15).

(iv) For other relief/reliefs as your lordships may be deem fit and proper.”

Learned counsel for the petitioner submits that land in question bearing khesra no.529 measuring about 7 katha 4 dhoor belongs to the petitioner. He further submits that the land in question has been decreed by the Civil Court and execution has already been pending, but, in the meanwhile, on 21.05.2024 private respondent forcefully and in connivance with local authority made encroachment on the land of petitioner. Petitioner represented to the SHO but the SHO town PS has not taken any attention. Thereafter, the petitioner represented before higher authority i.e. the District Collector, Begusarai and the Superintendent of Police, Begusarai dated 06.06.2024/07.06.2024. On the representation of the petitioner the S.P., Begusarai and DM, Begusarai has authorized the SDO Begusarai to take action on the matter of nuisance. The Sub Divisional Officer vide his DB No.466 dated 19.09.2024 issued show cause to the Circle Officer, Begusarai/SHO Ratanpur P.S. with respect to his earlier letter DB no.389 dated 24.07.2024 wherein order was given regarding giving report on inspection of the land in question and the same was not received uptill now. There was also a direction that let the inspection report of land in question be provided with an explanation within three days and the same has not been received up-till-now. Learned counsel submits that there is no explanation/reply of the concerned authority with regard to the report of inspection of the land in question and the grievance of the petitioner has not been redressed up-till-now.

Learned counsel for the State submits that the aforesaid aspect is a matter of record. He fairly submits that the sub-ordinate officer has obligation to act as per the direction given by the Superior Officer. He, however, submits that in case petitioner files a fresh representation raising his grievance, the same shall be looked into by the concerned authority.

From perusal of the record, it transpires that petitioner has represented the matter before the District Magistrate, Begusarai and he authorized the concerned S.D.O. to take action on the matter of nuisance. Thereafter,S.D.O. gave certain direction to the concerned CO and SHO, but the same has not been complied. In this way, the matter is still pending between the authorities and the grievance of the petitioner has not been redressed up-till-now.

In the light of the facts and circumstances of the case, the present writ petition is disposed of with liberty to the petitioner to represent the matter afresh before the District Magistrate, Begusarai for redressal of his grievance, which has been raised by the petitioner in the present writ petition, within a period of four weeks from the date of receipt of a copy of this order. The District Magistrate, Begusarai is directed to consider and dispose of the grievance of the petitioner after giving him due opportunity, expeditiously, preferably within a period of three months from the date of filing of representation/application by the petitioner.