IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1794 of 2010
KAILASH YADAV son of Moti Yadav resident of village + P.O.-
Islam Nagar, anchal-Islam Nagar-Aliganj, P.S.-Chandradeep, Distt.-
Jamui----------------------------------------------------------Petitioner.
Versus
1. STATE OF BIHAR through the Secretary, Department of Revenue & Land
Reforms, Government of Bihar, Patna, namely, C. Ashok Wardhan
2. The Principal Secretary, Department of Humann Resources, Government of
Bihar, Patna, namely, Sri Anjani Kumar Singh.
3. The District Magistrate, Jamui, namely, Sri Bipin Kumar.
4. The District Superintendent of Education, Jamui, namely, Sri Vidya Sagar
Singh.
5. The Deputy Collector Land Reforms, Jamui, District-Jamui, namely, Sri
Subir Ranjan.
6. The Circle Officer-cum-Block Development Officer, Islam Nagar-Aliganj,
District-Jamui, namely, Sulekha Kumari.
7. The Block Education Extension Officer, Islam Nagar, Aliganj, District-Jamui,
namely, Sri Umeshwr Mahto. --------------------------------------Opp. Parties.
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6. 23.11.2010 Heard the parties.
The Writ Court passed an order in public interest on
27.7.2009 requiring the District Magistrate, Jamui, to get an enquiry
conducted in respect of the matter contained in the representation of
the petitioner to ensure that public land belonging to the school in
question or to the State is not allowed to be grabbed by any
unauthorized persons in illegal manner. According to the order
passed by the District Magistrate, Jamui, dated 2.11.2010
(Annexure-A), altogether 19 persons are in possession of the part of
the school land in total measuring 4.01 acres. The order does not go
deep into the claim of the petitioner that the aforesaid entire 4.01
acres land was granted to the school long back by the ex-zamindar
through Hukumnama. According to the petitioner, the details of the
Hukumnama and evidence relating to land belonging to the school
should be available with the District Superintendent of Education,
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Jamui, after Jamui was carved out of the district Munger.
It appears from the order of the District Magistrate that
out of 19 persons, settlement for 16 persons has been treated to be
valid and action for eviction has been ordered only against three
persons. Petitioner wants that the District Magistrate, Jamui, should
hold a detailed enquiry so that nature of the school land may be
ascertained and if the settlement with the remaining 16 persons is
illegal on account of land actually belonging to the school then
action may be taken against all the persons and after evicting them
land may be restored to the school.
In view of the aforesaid facts and stand of the petitioner,
learned counsel for the State has rightly submitted that a fresh
opportunity should be given to the District Magistrate , Jamui, to
hold a detailed enquiry after getting material or reports from the
officials of the Education Department.
In that view of the matter, the contempt application is
adjourned for three months. Supplementary show cause should be
filed after three months to place before this Court the outcome of the
detailed enquiry.
( T. Meena Kumari, J.)
Sudip ( Shiva Kirti Singh, J. )