The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondents for taking immediate steps to ensure that the lands which belong to the erstwhile Darbhanga Sugar Company Ltd. and/or Lohat Sugar Mills, ownership of which now vests in the Government of Bihar is not encroached upon/sold/misappropriated.
From the counter affidavits filed on behalf of the respondents , the Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy noted that the land in question, which is part of a big plot, was donated by Maharaja Rameshwar Shah Bahadur to the sugar mill. With the intention to grab the same, some anti-social elements in connivance with ex-employees of the mill have encroached upon the land of the sugar mill. Pursuant to encroachment of the land, the respondent authorities have been requested to take appropriate action for removal of the same and letters have been written including the letter dated 20.7.2023 by the Cane Commissioner-cum-Managing Director of Bihar State Sugar Corporation to the District Magistrate and the Superintendent of Police, both of District-Madhubani.
The Bench further noted from the counter affidavit filed by the District Magistrate, Madhubani and sworn by the Circle Officer, Pandaul that pursuant to the order passed in Jamabandi Cancellation Case has been cancelled by the Additional Collector, Madhubani. Further, directions have been issued for taking steps by filing appropriate case before the Circle Officer for removal of encroachment under the Bihar Public Land Encroachment Act, 1956.
Having heard counsel for the parties and having perused the material on record, especially the contents of the counter affidavit filed on behalf of the respondents, the Court finds that steps have been taken for removal of encroachment and restoration of the land of the sugar mills after making the same free from the encroachers.
Thus, in view of the facts and circumstances of the case, no further orders are required to be passed, so far as this Public Interest Litigation is concerned and the same is dismissed by the High Court.