B.D.Public School vs The State Of Bihar & Ors on 20 October, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.9265 of 2006
B.D.Public School, Mohalla Budha Colony, PS Budha Colony, District Patna, through its
Director, namely Sri Sheo Bihari Roy, Son of Sri Parikha Roy, Resident of Mohalla Budha
Colony, PS Budha Colony, in the district of Patna. ----- Petitioner.
                                             Versus
   1. The State Of Bihar.
   2. The Secretary & Commissioner, Urban Development Department, Government of Bihar,
       Patna.
   3. The Deputy Secretary, Urban Development Department, Government of Bihar, Patna.
   4. The Patna Regional Development Authority, through its Vice Chairman, Patna.
   5. The Vice Chairman, Patna Regional Development Authority, Patna.
   6. The District Magistrate, Patna.
   7. The Senior Superintendent of Police, Patna. ----- Respondents.
                                            -----------

4 20.10.2011 The petitioner is aggrieved by the

resolution taken by the Urban Development

Department on 12.7.2006 by which they have come

to a prima facie finding that the Madhuban

Hotel cum Bar situated at Bailey Road, Patna

and B.D. Public School situated in Budha Colony

have encroached upon the Government land.

A proceeding was initiated for removal

of the encroachment numbered as 119 of 1996. A

show-cause has been filed on behalf of the

petitioner vide Annexure-6.

The apprehension of the petitioner is

that without concluding the proceeding and

hearing the petitioner the demolition of the

school building would be affected.

Counsel for the Municipal Corporation

on the other hand submits that unless the

proceeding is concluded, there is no question
2

that demolition would take place and as such

the apprehension of the petitioner is pre-

mature.

In any event, this Court orders that

the Municipal Corporation should take steps for

removal of the encroachment on the Government

land in accordance with law after following all

the procedures under the P.M.C. Act. The

petitioner should be given opportunity to

indicate that the school has not encroached

upon the Government land.

This writ application is disposed of

with the aforesaid observation.

Sanjay                                             (Sheema Ali Khan, J.)