Rameshwar Prasad vs The State of Bihar and Others

Jyoti Saran, J

Learned counsel for the petitioner is permitted to add the Circle Officer, Majhoulia in the district of West Champaran as the respondent no.10 to the present proceeding during the course of the day. The grievance of the petitioner is that the respondent nos. 5 to 8 in the process of construction of a school building on a piece of land gifted by the petitioner, are constructing the building in excess of the land donated by the petitioner and in fact, are encroaching on his private property.

The facts of the case, in brief, is that the petitioner gifted 10 decimals of land arising out of Khata No. 277, Khesra No. 188, Thana No. 287 situated in Village-Karamawa, P.S.-Majhoulia, District-West Champaran for construction of a primary school building. The gift deed is dated 3.8.2005.

Following the deed of gift, the petitioner approached the respondent no. 2 the District Magistrate, West Champaran requesting him to start the work of the school building and appropriate directions were issued by the District Magistrate to the respondent no. 4 the Block Development Officer, Majhoulia for initiation of the construction work of the school building. On appropriate direction being issued by the respondent no. 4, the Block Development Officer, Majhoulia, West Champaran, the construction work was started but in that process, it is the complaint of the petitioner that the respondent nos. 5 to 8 exceeded the land donated by the petitioner thus, encroaching on his raiyati property.

The objection raised by the petitioner in this regard instead of receiving a positive response and measurement of the area, led to a proceeding u/s 107 of the Code of Criminal Procedure at the instance of respondents 5 to 8.

The petitioner though has responded to the notice issued in this regard but is highly aggrieved by the action of the respondent authorities in encroaching over his raiyati property even when the school is being constructed on the land gifted by the petitioner.

The petitioner prays for an appropriate direction to the respondent nos. 2 to 4 for ensuring that the school building is constructed within the area of the land gifted by the petitioner and not in excess thereof. Having heard learned counsel for the parties, the writ petition is disposed of with a liberty to the petitioner to raise his grievance before the respondent no. 2 the District Magistrate, West Champaran together with the supportive details as also indicating the excess area being encroached by the respondent nos. 5 to 8 in the process of construction of the school building. The District Magistrate, West Champaran shall consider and dispose of the representation of the petitioner in accordance with law, expeditiously and preferably within a period of eight weeks from the date of the filing of the representation after giving him appropriate opportunity of presenting his case.