IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5352 of 2006 MD.YAKUB, SON OF LATE MD.PANCHU, RESIDENT OF VILLAGE- SAGI, P.O.- DAULATPUR, P.S.- KHUDAWANDPUR, DISTRICT- BEGUSARAI (BIHAR.) Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, SAMASTIPUR. 3. THE SUB-DIVISIONAL OFFICER, MANJHAUL, BEGUSARAI. 4. THE DEPUTY COLLECTOR LAND REFORMS, MANJHAUL, BEGUSARAI, 5. THE CIRCLE OFFICER, KHODAVANDPUR, DISTRICT- BEGUSARAI. 6. THE BLOCK DEVELOPMENT OFFICER, KHODAVANDPUR, BEGUSARAI. 7. THE DISTRICT EDUCATION OFFICER, BEGUSARAI. 8. THE SUB-DIVISIONAL EDUCATION OFFICER, BEGUSARAI. 9. IN CHARGE, 'SARVA SHIKSHA ABHIYAN' BEGUSARAI DISTRICT., 10. INSPECTOR OF SCHOOLS, KHODAVANDPUR, BEGUSARAI. 11. THE HEADMASTER PRIMARY URDU SCHOOL, VILLAGE- SAGI, POST OFFICE- DAULATPUR, P.S.- KHODAVANDPUR, SUB-DIVISION- MANJHAUL, DISTRICT- BEGUSARAI. 12. MD. MUTIN ALAM, TEACHER, PRIMARY (URDU) SCHOOL, VILLAGE- SAGI, POST OFFICE- DAULATPUR, P.S.- KHODAVANDPUR, BEGUSARAI :---RESPONDENTS. -----------
2. 18.03.2011. Heard learned counsel for the petitioner
and the State.
2. Petitioner is the grantee of purcha
under Bihar Privileged Persons Homestead
Tenancy Act with respect to 0.045 decimals of
land bearing Plot No. 1263 appertaining to Khata
No. 775 in Village- Sagi, P.O. Daulatpur, P.S.
Khodavandpur, district- Begusarai. This writ
petition has been filed by him praying inter alia,
to direct the Collector under the Act who has
issued purcha for the aforesaid land, photo copy
whereof is contained in Annexure-1 to visit the
site and ensure removal of encroachment of the
school building from the part of the land settled
with the petitioner under the said purcha.
Respondents have not filed counter affidavit
disputing the submissions.
3. Having heard counsel for the parties, I
direct the petitioner to appear before the Circle
Officer, Khodavandpur with the original purcha,
copy whereof is contained in Annexure-1 to this
application and the Circle Officer having satisfied
himself about the genuineness of the purcha shall
proceed to the lands-in-question and ensure that
the land allotted to the petitioner under the said
purcha is made encroachment free, even by
removing the structure raised by the school, if
any, as early as possible, in any case within one
month from the date of receipt/production of a
copy of this order and the purcha before the
4. The writ application is, accordingly,