IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7882 of 2006 MANHAR GOPAL S/O SHRI PARMANAND LAL DAS, RESIDENT OF VILLAGE- KHARNA, P.S. PHULPARAS, DISTRICT- MADHUBANI, PRESENTLY POSTED AS STATION SUPERINTENDENT, SAMASTIPUR RAILWAY STATION, SAMASTIPUR. .. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR-CUM-DISTRICT MAGISTRATE, DARBHANGA. 3. SUB-DIVISIONAL MAGISTRATE, SADAR, DARBHANGA. 4. LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA THROUGHD ITS REGISTRAR, L.N.M.U., DARBHANGA. 5. REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, L.N.M.U., DARBHANGA. 6. ESTATE OFFICER, LALSIT NARYAN MITHILA UNIVERSITY, L.N.M.U., DARBHANGA. .. RESPONDENTS. ----------- 7. 19.05.2011. Heard learned counsel for the petitioner and the State who has produced records of Land Acquisition Case No.03/77-78. 2. Petitioner is aggrieved by the order dated 06.05.2006 passed by Collector-cum-District Magistrate, Darbhanga in Encroachment Appeal Case no. 61 of 2002- 2003, whereunder it has been held that Municipal Survey Plot No. 7483 along with other plots was acquired for establishing Lalit Narayan Mithila University, Darbhanga ( hereinafter referred to as the University) with direction to 2 the petitioner to remove his house from the portion of the acquired land. The challenge is raised by the counsel for the petitioner by submitting that Plot No. 7483 is a large plot having an area of 1.542 acres out of which 0.706 decimals of land was acquired for the University and in appreciation of such fact even the declaration issued under Section 6 of the Land Acquisition Act (hereinafter referred to as the Act) published in the Darbhanga District Gazette dated 16.02.1977 indicate that only part of Plot No. 7483 was acquired for the purposes of establishing the University. The District Gazette dated 16.02.1977 further indicates that the map of the lands acquired is available in the office of Land Acquisition Officer, Darbhanga. 2. It is submitted on behalf of the petitioner that the portion of Plot No. 7483 which is the subject matter of the sale deed executed by Shyamanand Pathak in favour of Ramanad Singh Jha for 2 Khata 5 Dhurs of the aforesaid plot is not the part of the acquired lands and such fact would be evident from perusal of the map which is preserved in the office of the Land Acquisition Officer in connection with Land Acquisition Case No. 03/77-78. It is further submitted on behalf of the petitioner that his house 3 is situate over 1 Khata of the aforesaid 2 Khata 5 Dhurs of Plot No. 7483 which was purchased by him from Ramanand Singh Jha. It is also submitted on behalf of the petitioner that had the Collector verified the subject matter of the aforesaid two sale deeds, one executed by Shyamanand Pathak in favour of Ramanand Singh Jha and another sale deed executed by Ramanand Singh Jha in favour of the petitioner with reference to the map of the lands acquired in terms of Land Acquisition Case No. 03/77-78 before passing the impugned order there would have been no difficulty for him to conclude that the aforesaid 2 Khata 5 Dhurs of land is beyond the acquired land as from the declaration under Section 6(i) of the Act, it is quite evident that only part of Plot No. 7484 has been acquired for the University. 3. Having heard counsel for the parties, I dispose of this writ petition directing the petitioner to appear before Collector, Darbhanga who should call for the map of the acquired lands pursuant to Land Acquisition Case No. 03/77-78 and verify for himself whether the subject matter of the sale deed executed by Shyamand Pathak in favour of Ramanand Singh Jha and 4 by Ramanand Singh Jha in favour of the petitioner is not within the acquired lands as is evident from the map of the acquired lands maintained in connection with Land Acquisition Case No. 03/77-78. Until, the Collector proceeds to make the verification as has been directed by me in this order, no demolition of the house of the petitioner be made from the lands in question. Appropriate order in this regard be passed by the Collector, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Collector, Darbhanga. Ibrar/- ( V. N. Sinha, J.)