IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18346 of 2008 Mahendra Kumar Singh, son of Shri Shidheshwar Singh, resident of Muhalla Ashoknagar, Rajgir, P.S. Rajgir, District Nalanda Versus 1. The State Of Bihar 2. The District Magistrate, Nalanda, Biharsharif 3. The Sub-Divisional Magistrate, Rajgir, Nalanda, Biharsharif 4. The District Superintendent of Education- cum- Co-ordinator, Bihar Education Project Nalanda, Biharsharif 5. The Circle Officer/ Block Development Officer, Rajgir, Nalanda, Biharsharif 6. Bihar Prarambhik Vidyalaya Shiksha Samiti, Newly constructed School, Ashoknagar, Rajgir, Nalanda, Biharsharif, through its Secretary, namely, Kapildeo Prasad ----------- 04/ 16.12.2010 Heard learned counsel for the petitioner and the counsel for the State and the Private Respondent no.6, the Secretary, Bihar Prarambhik Vidyalaya Shiksha Samiti, Rajgir, Nalanda. 2. Dispute raised in this petition is that school building has been raised by Respondent no.6 over plot no. 2549, appertaining to Khata No. 333 of Mohalla Ashok Nagar, Rajgir, which is Gairmazarua Aam Rasta Land and Respondent no.6 has no authority to raise any construction over the same. 3. It is submitted by the counsel for Respondent no.6 that petitioner himself has encroached portion of the aforesaid Gairmazarua Aam Rasta Land. 2 4. Having heard counsel for the parties, I direct the Sub-Divisional Officer, Rajgir to consider the submission noted above, as it is said that a petition under Section 133 Cr.P.C. for removal of encroachment from the aforesaid Gairmazarua Aam Rasta Land is pending before him, in accordance with law, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Sub- Divisional Officer, Rajgir. 5. It is made clear that any encroachment over the aforesaid Gairmazarua Aam Rasta Land, may be by the school or by the petitioner or by Sri Kapildeo Prasad, the Secretary be removed within the same time. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)