The central legal point established is the obligation of the respondent authorities to implement the order to remove encroachment, as prescribed by specific provisions under the Bihar Public Land Encroachment Act, 1956.

1. Heard Mr. Jai Prakash Singh, learned counsel for the petitioner and Mr. Kumar Manish, learned SC-5 appearing for the State-respondents.

2. The present Writ application has been filed for a direction to the respondent authorities to implement the order dated 14.02.2013 passed in Land Disputes Resolution Case No. 123/2012-13 by Land Reforms Deputy Collector, Bikramganj, Rohtas, whereby he has directed respondent no. 4, Circle Officer, Bikramganj to remove the encroachment from the land appertaining to Khata No. 193, Plot Nos. 461 and 479 in pursuance to final order dated 15.03.2005 passed in Encroachment Case No. 01/2004-05.

3. It is submitted by learned counsel for the petitioner that the land appertaining to Khata No.193, Plot Nos. 461 and 479 is recorded as Anabad Bihar Sarkar. The nature of the land is Aam Rasta. The said land is adjacent to the raiyati land of the petitioner. Hence, the petitioner and other villagers use the land in question as Aam Rasta. On the application of the petitioner, Encroachment Case No.01/2004-05 was initiated by respondent no.4, Circle Officer, Bikramganj. After getting report from Halka Karamchari and getting the land measured, the Circle Officer passed the final order in Encroachment Case No.01/2004-05 on 15.03.2005 and directed the encroachers to remove the encroachment. Subsequently, notices were issued under Section 6(2) in Form-II of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act’), as contained in Annexure-1,directing the encroachers, as contained in Annexure-1, to remove the encroachment, but the same was not removed. Subsequently, the petitioner filed Land Disputes Resolution Case No. 123/2012-13. The same was disposed of vide order dated 14.02.2013 by respondent no.3, Land Reforms Deputy Collector, Bikramganj, Rohtas, directing respondent no.4, the Circle Officer, Bikramganj, to get the encroachment removed in compliance of order dated 15.03.2005 passed in Encroachment Case No.01/2004-05 from the land in question, but till date, the same has not been removed. Hence, the present Writ application.

4. Mr. Kumar Manish, learned counsel for the State-respondents submits that, at present, he is not having any instruction whether the final order passed in encroachment proceeding has been implemented or the said order has been challenged in appeal or not, but if it has not been implemented or not been challenged in appeal or modified by any superior Court, the same will be implemented within a reasonable time frame.

5. Having heard the learned counsels for the parties, this Court is dismayed to find non-implementation or execution of the order, passed by a quasi judicial authority since last twelve years. There is specific provision under Section 6(2) of the Act punishing a person who fails to comply the order passed by the Collector under the Act by awarding punishment with imprisonment for a term which may extend to one year or with fine up to Rs.20,000 or with both. Section 6(2) of the Act reads as follows :-

“6(2) If any person does not comply with the orders passed by the Collector under this Section, he shall be punishable with imprisonment for a term which may extend to one year or with fine up to Rs.20,000 or with both.”

6. There is specific provision under Section 7 of the Act, which prescribes the procedure for implementing the final order. Section 7 of the Act reads as follows :-

“7. Power of the Collector to get encroachment removed and recover cost of the removal- If any person fails to comply with the orders passed by the Collector under Section 6 directing the removal of any encroachment by the date fixed, the Collector shall cause the encroachment to be removed in such manner as he deems fit and the cost of such removal shall be recovered from the such person.”

7. The above provision clearly stipulates that if any person fails to comply the order passed by the Collector under Section 6 of the Act directing the removal of any encroachment