IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12600 of 2002 GAHAN YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 5 5.5.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, an over enthusiastic villager, has moved this Court for issuance of a direction to the respondents prohibiting them from settling the land of Middle School Madarganj, P.S. Islampur with any other person and also for removal of encroachment of plot nos. 1040, 1041, 1042, 1043 and 1050 respectively. In the opinion of this Court, neither the petitioner can be the sole champion of a public cause of action nor this Court will allow the petitioner to raise such an issue without approaching the Anchal Adhikari, the Collector of the district under the Public Land Encroachment Act who is the best person to say as to whether the land in question has been encroached or not. The Anchal Adhikari, therefore, if being approached by the Mukhia of the Gram Panchayat will initiate a proceeding against any person who is said to 2 have encroached the plot nos. 1040, 1041, 1042, 1043 and 1050 respectively if they are public land within the meaning of Bihar Public Land Encroachment Act. Any person found to be encroaching public land would be dealt with strictly in accordance with law including the provisions under the Act. At the same time, whether the land of Government School can be settled or not cannot be the concern of the petitioner. Such school being a Government Middle School, it is the District Superintendent of Education who has the competence and jurisdiction to take such a decision. If the Gram Panchayat in which such school is situated brings this fact through its Mukhia to the District Superintendent of Education, the same will receive due attention of the District Superintendent of Education who would be competent to decide the nature and purpose of such settlement of land. With the aforementioned observations, this writ application is disposed of. Rsh (Mihir Kumar Jha, J.)