IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.18346 of 2008
Mahendra Kumar Singh, son of Shri Shidheshwar Singh, resident of
Muhalla Ashoknagar, Rajgir, P.S. Rajgir, District Nalanda
Versus
1. The State Of Bihar
2. The District Magistrate, Nalanda, Biharsharif
3. The Sub-Divisional Magistrate, Rajgir, Nalanda, Biharsharif
4. The District Superintendent of Education- cum- Co-ordinator,
Bihar Education Project Nalanda, Biharsharif
5. The Circle Officer/ Block Development Officer, Rajgir, Nalanda,
Biharsharif
6. Bihar Prarambhik Vidyalaya Shiksha Samiti, Newly constructed
School, Ashoknagar, Rajgir, Nalanda, Biharsharif, through its
Secretary, namely, Kapildeo Prasad
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04/ 16.12.2010 Heard learned counsel for the petitioner and the
counsel for the State and the Private Respondent no.6, the
Secretary, Bihar Prarambhik Vidyalaya Shiksha Samiti,
Rajgir, Nalanda.
2. Dispute raised in this petition is that school
building has been raised by Respondent no.6 over plot no.
2549, appertaining to Khata No. 333 of Mohalla Ashok
Nagar, Rajgir, which is Gairmazarua Aam Rasta Land and
Respondent no.6 has no authority to raise any construction
over the same.
3. It is submitted by the counsel for Respondent
no.6 that petitioner himself has encroached portion of the
aforesaid Gairmazarua Aam Rasta Land.
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4. Having heard counsel for the parties, I direct
the Sub-Divisional Officer, Rajgir to consider the
submission noted above, as it is said that a petition under
Section 133 Cr.P.C. for removal of encroachment from the
aforesaid Gairmazarua Aam Rasta Land is pending before
him, in accordance with law, as early as possible, in any
case within two months from the date of receipt/
production of a copy of this order before the Sub-
Divisional Officer, Rajgir.
5. It is made clear that any encroachment over
the aforesaid Gairmazarua Aam Rasta Land, may be by
the school or by the petitioner or by Sri Kapildeo Prasad,
the Secretary be removed within the same time.
6. The writ petition is, accordingly, disposed of.
Arjun/ ( V. N. Sinha, J.)