Md.Yakub vs The State Of Bihar &Amp; Ors on 18 March, 2011

                    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.
2

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

Circle Officer.

4. The writ application is, accordingly,

disposed of.

(V.N.Sinha,J.)
P.K.P.