Patna High Court - Orders
Ram Vilas Singh & Ors. vs The State Of Bihar & Ors on 17 July, 2018
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.160 of 2014
In
Civil Review No. 396 of 2011
======================================================
Ram Vilas Singh & Ors.
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Nilambari
For the Respondent/s : Mr. Rajiv Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
19 17-07-2018The petitioners herein have complained regarding disobedience of the order dated 23.11.2011 passed in Civil Review No.396 of 2011 read with order dated 19.09.2011 passed in C.W.J.C. No.8792 of 2008 whereby and whereunder the right, title and possession of the petitioners were confirmed and it was directed that the petitioners would be entitled to be reinstated on their land if they have been dispossessed on account of the action of the State of Bihar.
This case appears to be having a long history, nonetheless, the matter can be cut short by referring to the sixth show cause filed on behalf of the opposite parties no. 1 to 5 dated 02.07.2018 wherein it has been stated that the process for removal of encroachment was initiated on 01.07.2018 and finally all the encroachments have been removed from entire area of the land in Patna High Court MJC No.160 of 2014 (19) dt.17-07-2018 2/3 question after demolishing the structures standing thereon. It has been further submitted in Para-11 of the said show cause that the petitioners were informed to appear at the spot so that possession can be handed over to the petitioners but they had remained intentionally absent from the spot. It has been further stated that the Collector, Madhubani, in view of the order of this Court dated 19.06.2018, has conducted the entire proceedings in a proper legal manner so as to clear the area in question of the illegal encroachment.
Per contra, the learned counsel for the petitioners has submitted that the fact is that still encroachments are prevailing on the land in question, hence it would be appropriate to appoint an Advocate Commissioner for the purposes of overseeing the handing over and taking over of the possession of the said land.
In view of the rival contentions of the parties, I deem it fit and proper to appoint Shri Binoda Nand Mishra (Mobile No. 9431046313) as an Advocate Commissioner, fully empowered by this Court, to oversee the entire process of handing over the land in question to the petitioners, free from all encumbrances and encroachments. It is further directed that the said handing over and taking over shall take place on 29.07.2018 at 8.30 a.m. It is made clear that the District Magistrate and Patna High Court MJC No.160 of 2014 (19) dt.17-07-2018 3/3 Superintendent of Police, Madhubani shall ensure full protection to the Advocate Commissioner and the entire police force shall be at disposal and in attendance at the requisite place for the purposes of ensuring peaceful handing over the possession of the land in question to the petitioners herein, free from any sort of encroachments.
The learned Advocate Commissioner shall submit the requisite report to this Court by 01.08.2018.
List this case at the top of the list on 02.08.2018. The Collector, Madhubani is further directed to hand over a cheque of Rs.25,000/- to the learned Advocate Commissioner as his remuneration on or before 29.07.2018.
(Mohit Kumar Shah, J) BTiwary/-Md Rashid U