IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9147 of 2002 MD.IQBAL AHMAD DILAWARPUR, KOTWALI, MUNGER VERSUS 1. THE STATE OF BIHAR 2. DIST COLLECTOR MUNGER 3. DIST PUBLIC GRIEVANCE OFFICER, MUNGER 4. DIST LAND ACQUISITION OFFICER, MUNGER 5. THE DEO, MUNGER 6. DSE, MUNGER 7. PRINCIPAL, TEACHER’S TRASINING SCHOOL, MUNGER 8. DCLR, MUNGER 9. CIRCLE OFFICER, SADAR ANCHAL, MUNGER. ----------- 3 10.02.2010. Heard learned counsel for the parties. The petitioner has come to this Court for a direction to the respondent authorities to pay him adequate compensation including a job for encroachment of his 59 decimals of land bearing CS Plot no. 159, Municipal plot no. 2473 situated at Mauza Srimatpur Jamal Kita, otherwise known as Mohalla Haji Subhan for construction of the Junior Basic Training School, Munger in the year 1999. The above land was purchased by the petitioner’s mother late Jumaira Khatoon through a registered sale deed dated 28.12.1929. Her name was mutated in Anchal records for which she was paying rent and getting receipts. Mother of petitioner died about 14 years back and after her death the petitioner inherited the same as only legal heir. Now he is paying rent receipt in respect of the land in question. He submits that for construction of aforesaid School, lands of Municipal plot no.2475 & 2487, adjacent to petitioner’s plot (plot no. 2473) were acquired by way of land acquisition proceeding contained in annexure- 2 series but in course of construction of School building, considerable portion of his land - 2 - falling in plot no. 2473 has been encroached without any proceeding. Petitioner submits that on basis of his representation and order of the Circle officer, Sadar block Munger Halka Karamchari reported that the land in question has been recorded in the revenue records in the name of petitioner’s mother on which Hostel of Junior Basic Training School is running. The Dist Public Grievance officer, Munger called for en explanation from the concerned officers which has not been submitted so far. Petitioner has filed representation for release of his land or compensation with employment in lieu thereof. No counter affidavit has been filed. However, the matter is of year 2000. As such, the instant writ petition is disposed of with direction to the petitioner to file a representation afresh before the Collector, Munger, who will consider and dispose of the same within two months from the date of representation. In case, the Collector finds that a part of land of petitioner has already been encroached/occupied for establishing the School as above, he will examine as to whether the same has been done in accordance with law. Thereafter, he will take steps either to vacate the same or order for payment of compensation in accordance with law within further period of six months. Shashi. (Samarendra Pratap Singh,J.)