PATNA HIGH COURT FIXED RESPONSIBILITY OF THE SHOs OF ALL THE POLICE STATIONS FOR ENCROACHMENT

22-JUNE-ENG 3

RAJIV NAYAN AGRAWAL

ARA--------------------------Police station in-charge will be responsible for negligence in removing encroachment, action will be taken, strict instructions given to DM.

The Patna High Court has issued an important order regarding encroachment on railway station premises and other public places in the city. Hearing the petition filed by Patna High Court advocate Raunak Singh, the division bench of Justice P. B. Bajanthri and Justice S. B. P. Singh has raised serious questions on the functioning of the state officials in this order and made it clear that negligence in the process of removing encroachment will not be tolerated. Main point: Responsibility of railway officials fixed.

The court, in its earlier order, objected to the wrong nomenclature of railway officials and corrected the order and identified "Senior Divisional Security Commissioner, RPF-Respondent No. 7" as the responsible officer. The court directed that this officer should submit an affidavit containing information about parking arrangements, smooth movement of vehicles and coordination with the fire department.

The court found that the action of removing encroachment by the state officials is not effective. The court noted that on May 7, 2025, encroachment was removed from some areas, but just two days later, on May 9, encroachment happened again. This makes it clear that the action of removing encroachment has remained only a formality and the lands are reoccupied, causing trouble to the general public in movement.

The court has directed the district administration to prepare a list of such people who are repeatedly encroaching. A detailed report including their identity, address and mobile number should be prepared and submitted to the court. If a person encroaches repeatedly, then an order has been given to register a criminal case against him. The station in-charge is directly responsible, action is decided.

The court, citing the decision of “Arun Kumar Mukherjee vs State (CWJC No. 2290/1990)”, clarified that in case of re-encroachment on public land, the SHO of the concerned police station will be held responsible. The court directed the District Magistrate to issue clear instructions to all the concerned police stations. SHO may face suspension action if not complied with. Advocate P.K. Verma, appearing on behalf of the state government, informed the court that the District Magistrate and Senior Superintendent of Police have already issued notices to the SHO. The court said that if the SHO does not follow these instructions, then disciplinary action should be taken against him, which may also include suspending him. Next hearing date fixed.

The court has fixed the next hearing of this case on July 15, 2025 and has postponed the personal appearance of the District Magistrate for the time being.

This order is being seen as a strict warning on the ongoing encroachment and administrative apathy in the city. The court has made it clear that any kind of hindrance in the convenience of the general public will no longer be tolerated.