IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.420 of 2005 BATUK NARAIN PANDEY, Son of Sri Brajnandan Pandey, R/o Village and P.O. Kochas, District Rohtas, Headmaster, Sharda Sanskri Madhyamik Vidyalaya, Kochas (Rohtas). ………..Petitioner Versus 1. THE STATE OF BIHAR. 2. Chief Secretary, Government of Bihar, Patna. 3. District Magistrate, Rohtas. 4. Deputy Development Commissioner, Rohtas at Sasaram. 5. Additional Collector, Rohtas. 6. S.D.O. Sasaram, Rohtas. 7. Superintendent of Police, Rohtas. 8. Officer-in-Charge, Kochas, Rohtas. 9. Anchal Adhikari, Kochas, Rohtas. ……..Respondents ----------- 2/ 29.04.2011 Heard the parties. 2. The petitioner, who claims to be the Headmaster of Sharda Sanskrit Madhyamik Vidyalaya, Kochas in the District of Rohtas, has approached this Court under Article 226 of the Constitution of India raising a grievance that southern western portion of C.S. plot no.975 appertaining to C.S. khata no.312, and southern western portion of C.S. plot no.2571 appertaining to C.S. khata no.311, situate at Village Kochas in the District of Rohtas, have been encroached upon by certain private individuals. However, those private 2 individuals have not been impleaded as a party- respondent in the present proceeding. 3. Learned counsel for the petitioner submits that for redressal of his valid grievances, he filed several representations before respondent- District Magistrate-cum-Collector and other competent functionaries of the respondent-State, but no action has been taken by them compelling the petitioner to file the present writ petition. 4. A counter affidavit has been filed on behalf of respondent nos.3 to 10, wherein the claim of the petitioner about the settlement of the land in question in favour of the School in question has been disputed. It has been asserted that the School in question has no legal right and title over the lands in question, and as such, the lands in question cannot be termed as public land under the meaning of Section 2 (3) of the Bihar Public Land Encroachment Act, 1956. 5. A rejoinder has been filed today in the Court on behalf of the petitioner disputing the assertions made in the counter affidavit. 3 6. After having heard the parties at length and on consideration of materials available on record, this Court is of the considered opinion that the matter should be looked into by the respondent- District Magistrate-cum-Collector at his own level and should come to a finding as to whether the land in question was ever settled in favour of the School in question or not, and thereafter, if need be, he may issue an appropriate direction for appropriate action by some competent authority in terms of finding recorded by him. 7. In the aforesaid facts and circumstances, the petitioner is hereby directed to appear before the respondent-District Magistrate-cum-Collector, Rohtas within a period of four weeks from today with a detailed representation, raising his grievances regarding the lands in question, which is the subject matter of controversy in the present proceeding. If such a representation is filed by the petitioner within the time prescribed by this Court with a certified copy of the present order, then respondent-District Magistrate-cum-Collector shall be obliged to 4 consider the same in accordance with law and shall further be obliged to pass a speaking order, after giving reasonable opportunity of hearing to the petitioner and all other concerned persons, including the persons, who are alleged to have encroached upon the lands in question. Entire exercise must be completed by the respondent-District Magistrate- cum-Collector within a period of three months from the date of filing of such representation. 8. It goes without saying that if the petitioner does not appear before the respondent-District Magistrate-cum-Collector within the time prescribed with a detailed representation and a certified copy of the present order, then it shall be construed that the present writ petition has finally been rejected by this Court. 9. With the aforesaid observations and directions, the present writ petition stands disposed of. Anjani/ ( Birendra Prasad Verma, J.)