IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.284 of 2010 1. RAM CHANDRA PRASAD SON OF LATE SINGHASHAN PRASAD RAWAT @ SINGASAN RAWAT 2. PRADEEP MAHTO SON OF LATE HARIHAR MAHTO, BOTH RESIDENT OF MOHALLA SHEIKHPURA, BAGICHA, DHARAMSHALA ROAD, NEAR I.G.M.M.S., P.S. SHASTRINAGAR, PATNA. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, PATNA 3. DIRECTOR, INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE, BAILWAY ROAD, PATNA 4. LAND ACQUISITION OFFICER, PATNA-CUM-DEPUTY COLLECTOR, PATNA. 9/ 22.02.2010 Counsel for the State has filed counter- affidavit on behalf of respondent no.4 placing on record the declaration dated 22nd November, 1957 where-under 130.22 acres of land was acquired for the purpose of Central Horticultural Garden and Agricultural Research Institute at Patna in village Shekhpura over which presently Indira Gandhi Institute of Medical Science, Patna, hereinafter referred to as the IGIMS is situate. 2. Petitioners have filed this writ application asserting that petitioner no.1 has his house over plot no. 689 and petitioner no.2 is claiming ancestral rights over plot no. 699 through his adoptive father, Shri Jagawan Singh and both these petitioners are using a strip of 12’ x 131’ of plots no. 692 and 693 as road for going over the aforesaid two plots i.e., plot no. 689 and 699. Aforesaid contention is refuted by the counsel of the IGIMS as according to the learned counsel the aforesaid plots are part of the acquisition which was notified under declaration dated 22nd November, 1957 and is within the area of 130.22 acres which was acquired under the said declaration. - 2 - According to the learned counsel for the I.G.I.M.S., in course of time petitioners have encroached over the acquired lands. 3. Counsel for the petitioners, in rejoinder, submitted that the aforesaid statement that the petitioners are encroacher is not correct, as according to him, the lands in question were never subjected to any acquisition proceeding and they are maintaining possession over the aforesaid two plots i.e. 689, 699 by raising house and other construction and over plot no. 692 and 693 to the extent of 12’x131’ by way of passage. 4. Having heard learned counsel for the petitioners and the I.G.I.M.S. I dispose of this writ application with liberty to the authorities to initiate proceeding under the Land Encroachment Act for removal of encroachment from the aforesaid public land which was acquired under declaration dated 22nd November, 1957 but until such proceeding is taken to its logical conclusion, petitioners should not be deprived of their access over the plots in question by raising any boundary wall. ( V. N. Sinha, J ) BTiwary/