IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16629 of 2009
1. CHANDRA MOHAN JHA S/O LATE JAGDISH JHA R/O
MOHALLA- NEW CHAKDAH, P.S.- RAJNAGAR, P.O.- MADHUBANI,
DISTT.- TOWN MADHUBANI
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE MADHUBANI
3. THE S.D.O. MADHUBANI
4. THE CIRCLE OFFICER ROHIKA, DISTT.- MADHUBANI
5. THE CHAIRMAN NAGAR PARISHAD, MADHUBANI
6. THE EXECUTIVE OFFICER NAGAR PARISHAD, MADHUBANI
7. SRI JATA SHANKAR JHA, JUNIOR ENGINEER NAGAR
PARISHAD, MADHUBANI
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02. 03.12.2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner contends that the
respondents are unauthorizedly preparing to construct
a road on the private lands of the school without even
any acquisition of the same in accordance with law. It
is contended that even earlier the District Magistrate
had unauthorizedly tried to interfere with the lands of
the school by compelling to vacate the same which was
set aside in pursuance of the order of this Court in
C.W.J.C. No. 4030 of 1997.
The counter affidavit of the respondents in
paragraph-5 contends that the lands in question form
part of the old road, as indicated in the revisional
survey Map.
At this stage, without going into further
issues of fact even if what the respondents contend is
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correct they cannot oust the petitioner except in
accordance with law after initiation of land
encroachment proceeding with full liberty to the
petitioner to defend his possession of the lands and
satisfy the authorities that they were the private lands
of the school.
The writ application stands disposed in the
aforesaid directions.
P.K. ( Navin Sinha, J.)