IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17043 of 2009 1. RAMDEO SINGH S/O JAI MANGAL SINGH R/O VILL.- BALWA, P.S. BHOREY, DISTT.- GOPALGANJ (BIHAR) 2. RABI SINGH S/O SUBHASH SINGH R/O VILL.- BALWA, P.S. BHOREY, DISTT.- GOPALGANJ (BIHAR) Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, GOPALGANJ 2. THE DISTRICT MAGISTRATE/THE COLLECTOR, DISTT.- GOPALGANJ (BIHAR) 3. THE L.R.D.C., DISTT.- GOPALGANJ (BIHAR) 4. THE S.D.O. / SUB DIVISIONAL MAGISTRATE, HATHUA, DISTT.- GOPALGANJ (BIHAR) 5. THE CIRCLE OFFICER CUM BLOCK DEVELOPMENT OFFICER BLOCK BHOREY, DISTT.- GOPALGANJ (BLOCK) 6. THE SUPERINTENDENT OF POLICE, DISTT.- GOPALGANJ (BIHAR) 7. THE MUKHIYA GRAM PANCHAYAT RAJ BALWA, P.S. BHOREY, DISTT.- GOPALGANJ (BIHAR) ----------- 2. 14.12.2010 Heard learned counsel for the petitioner and the State. The relief sought is to restrain the respondents from constructing a Community Hall over Khata No. 56, Kheshra No. 161 village Sirisiya P.S. Bharey, District-Gopalganj measuring about 2 Bigha 4 Khatha 8 Dhur. The contention of the petitioner is that the lands were Gairmajarua Malik and had been settled in favour of the ancestors of the petitioner who have been in long possession of the same. It is submitted that the petitioner has filed application before the Circle Officer-cum- Block Development Officer of Block Bhorey objecting to the 2 construction over his settled lands notwithstanding which no steps were being taken for disposal of the representation even while the respondents were proposing to go ahead with the construction. Counsel for the State submits that the issue involves questions of fact, verification of documents etc. with regard to the claim of settlement as also the nature of the land. The District Magistrate, Gopalganj is directed to call for a report from the Circle Officer- cum-Block Development Officer to be submitted by them before the District Magistrate within a maximum period of four weeks from the date of receipt/production of a copy of this order. If the enquiry report is adverse to the petitioner, the District Magistrate shall make available copy of the same to the petitioner and permit him to file his reply along with such evidence documentary and/or oral on which the petitioner may propose to rely. After granting a personal hearing to the petitioner in the aforesaid manner and consideration of all issues of fact raised before him, let the District Magistrate dispose off the issue by a reasoned and speaking order within a maximum period of three months from the date of 3 receipt/production of a copy of this order before him. Needless to state that if the District Magistrate finds justification in the claim of the petitioner or in any part of the claim, any construction made by the official respondents in the meantime shall be at the risk, responsibility and consequence of the officials concerned. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)