Back
2020 Supreme(Pat) 430
IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
Dhiraj Kumar Son of Late Chandrika Singh – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.13936 of 2019
Decided on : 13-08-2020
Advocate Appeared:
For the Appellant : Mr.Niraj Kumar
For the Respondent: Mr.Rishi Raj Sinha
Headnote:
Bihar Public Land Encroachment Act, 1956 – Section 6(1) – Constitution of India – Article 226 – Petition for direction to respondent-authorities for restoration of demolished part of house of petitioner – Earlier encroachment proceedings had culminated into a finality by passing of final orders under Section 6(1) of Act, 1956 on and thereafter issuance of notice under Section 6(2) of Act, 1956, whereafter encroachment in question was removed and proceedings of Encroachment case was closed – In case, respondent-authorities, especially Circle Officer had discovered that fresh encroachment has been made by petitioner over public land in question, he was required to initiate fresh proceedings in accordance with provisions contained in Act, 1956 – Process required to be followed as per procedure prescribed under Act, 1956, has been by-passed by Circle Officer, merely on dictate of Appellate Authority under Bihar Right to Public Grievance Redressal, Act, 2015 – Notices held to be illegal, inasmuch as same are de hors provisions of Act, 1956 – Under Act, 1956, neither Circle Officer concerned has power to review his own final order nor there is any provision for opening a closed encroachment proceeding – Notices are not only illegal but entire action of Circle Officer and other authorities leading to illegal demolition of house of petitioner is de hors provision of law especially, provisions of Act, 1956 as also in blatant violation Principles of Natural justice – Action of respondent-authorities including that of demolishing house of petitioner, is illegal, perverse and de hors procedure established by law as well as without jurisdiction and a nullity in eyes of law – District Magistrate directed to get demolished structure/part of house of petitioner, reconstructed within a period of two months – District Magistrate further directed to pay compensation of Rs. 1 lakh to petitioner. (Paras 6 and 9)
Bihar Right to Public Grievance Redressal Act, 2015 – Authorities/Appellate Authority under Bihar Right to Public Grievance Redressal Act, 2015 are not empowered to entertain any complaint pertaining to encroachment made over public/Government land, inasmuch as same is governed by provisions of Bihar Public Land Encroachment Act, 1956. (Para 8)
JUDGMENT :
1. The present writ petition has been filed for directing the respondent-authorities to restore the demolished part of the house of the petitioner, constructed over his own land pertaining to Khata no. 845, Plot no. 4152, Mauza-Aat, Village-Joga Bigha, Thana no. 377, Anchal-Ben, District-Nalanda which has been forcibly and illegally demolished on 12.06.2019 by the demolition squad on the instruction of the Circle Officer, Ben, Nalanda.
2. The brief facts of the case are that an encroachment proceeding bearing Encroachment case no. 07 of 2017-18 was initiated with respect to Plot no. 4120 situated at Anchal-Ben, District-Nalanda by the Circle Officer, Ben against the boundary raiyats of the said land and after sometime, the name of the petitioner was also included in the said case and notices were issued to the petitioner, whereupon he had appeared and filed his show cause as well as had assisted in measurement of the Plot in question. It is an admitted fact that upon measurement, the petitioner was found to have encroached about 140 sq. ft. of land of the said Plot no. 4120, whereafter the Circle Officer vide order dated 23.10.2017, passed in Encroachment case no. 07 of 2017-18, had directed the petitioner as well as some other persons to remove the encroachment from the said Plot no. 4120, whereupon the petitioner had himself removed the encroachment in question which is also reflected from the order dated 01.02.2018 passed by the Circle Officer, Ben and then the encroachment proceedings of Encroachment case no. 07 of 2017-18 were closed vide order dated 17.02.2018.
3. It appears that after sometime, one Guddu Kumar had filed a complaint before the Public Grievance Redressal Officer, Nalanda on 04.04.2018 alleging therein that one Abhay Singh had made encroachment over the aforesaid Plot no. 4120 and the Circle officer was not taking any action. The said complaint of Guddu Kumar was registered and was heard on several dates, however since the Circle Officer, Ben did not apprise the said authority properly, the proceeding was closed vide order dated 08.12.2018, passed by the District Public Grievance Redressal Forum, District-Nalanda, while recommending for imposition of penalty against the Circle Officer. The said order dated 08.12.2018 was assailed in appeal by the said Guddu Kumar before the Divisional Commissioner, Patna, which was disposed off by an order dated 05.04.2019, wherein though it has been recorded that the Circle Officer, Ben has filed a report, wherein he has stated that the encroachment over Plot no. 4120 has been removed, nonetheless, the appellate authority had directed the District Magistrate, Nalanda to constitute a committee and hold measurement of the Plot in question. Thereafter, a notice dated 04.06.2019 was sent to the petitioner herein by the Circle Officer, Ben, Nalanda in connection with the Encroachment case no. 07 of 2017-18 stating therein that a team had been constituted for holding measurement and upon measurement having been carried out, it has transpired that 1.54 decimal of the Gairmazarua Aam Public land has been encroached by the petitioner, hence the petitioner was directed to remove the house, constructed illegally within 24 hours. The petitioner is stated to have approached the Circle Officer, Ben in pursuance to the aforesaid notice dated 04.06.2019 for the purposes of filing his objections, however the Circle Officer refused to accept any objection of the petitioner, hence the petitioner had sent his objection/representation dated 06.06.2019 vide registered post dated 07.06.2019 to the Circle Officer, Ben. Thereafter, another notice dated 08.06.2019 was issued to the petitioner for removal of the alleged encroachment in question made over Plot no. 4120. The petitioner had again sent a representation dated 10.06.2019 by registered post to the Circle Officer, Ben and had also represented before the Divisional Commissioner on 11.06.2019 against the high-handedness of the Circle
