IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 6054 of 2010 1. SANJIV KUMAR S/O LATE LAL BABU RAI R/O VILL.- RAGHURAMPUR TOLA, P.S. SAHAPUR, DISTT.- PATNA, AT PRESENT R/O MOHALLA- 13 CEMENTRY ROAD, DANAPUR CANT, P.S.- DANAPUR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE PATNA 2. THE DISTRICT MAGISTRATE, PATNA 3. SUB DIVISIONAL MAGISTRATE, DANAPUR 4. CIRCLE OFFICER, DANAPUR 5. MUKHIYA, GRAM PANCHAYAT MUBARAKPUR, RAGHURAMPUR, BLOCK- DANAPUR, DISTT.- PATNA 6. PANCHAYAT SECRETARY, GRAM PANCHAYAT MUBARAKPUR, RAGHURAMPUR, BLOCK DANAPUR, DISTT.- PATNA ----------- 2 11.05.2010 The petitioner has come to this Court objecting construction of a Community Hall by the Mukhiya of Mubarakpur Gram Panchayat, Raghurampur, Block – Danapur in the district of Patna in connivance with the Panchayat Secretary of the said Gram Panchayat on land which belongs to the petitioner. Petitioner claims that he has two decimals of land appertaining to Khata No 258, Revisional Survey Plot No 630 at Village – Raghurampur Tola, P S – Shahpur, Revenue Thana No 26 in Block – Danapur, District – Patna. He has valid sale deeds and mutation in his name still ignoring these facts, the Community Hall of the Panchayat is being made on his land. He has neither gifted the land to the Panchayat nor has the land been acquired. In my view, this Court, in these proceedings, is inapt to decide this factual dispute. However, considering the seriousness of the allegation, I direct the District Magistrate, Patna to appoint a district Amin to survey the area in question and demarcate petitioner’s land. If it is found that the Community Hall in any manner encroaches upon the petitioner’s land, the respondent-Secretary and the Mukhiya would be 2 obliged to remove the same at their own cost and vacate the land of the petitioner but if, on proper measurement, it is found that it is not on petitioner’s land, they may continue with the constructions. Till such time measurements are made, the respondents shall not proceed with construction. In view of the nature of dispute, the Collector is expected to take up the matter at an early date not later than one month from the date of production of a copy of this order before him. The Collector would then pass final orders, as indicated above within one month thereafter positively. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)