IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15998 of 2005 AULIYA KHATOON, wife of Q. Imam, resident of Mohalla- Maroofganj, Swarjpuri Road, P.S. Civil Lines, District- Gaya… Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Gaya. 3. The Block Development Officer, Amas Block, Gaya. 4. The Panchayat Sewak Office of the Chief Gram Panchayat, Amas Block, Gaya. 5. Dharmendra Yadav 6. Tunnu Yadav, Both S/o Sri Isher yadav, resident of village- Maharanwna Tola, Imedia Chak, Anchal- Amas, District-Gaya. 7. Lakhan Yadav, s/o Late Arjun Yadav, resident of village-Mahaari Tola, Imedia Chak, Anchal-Amas, District- Gaya…………..Respondents. ----------- 7. 17.5.2010 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that the respondents have made illegal encroachment upon his raiyati land by making construction of a Library over the same under the M.L.A. funds. In the counter affidavit, it is admitted that in Cadestral Survey Khatian No.1911, Khata No.114, Plot No.202 measuring 2.78 acres, out of which 90 decimals land have been mutated in the name of the petitioner, 1.88 acre more land was Gair Mazarua Aam Land being Aam Rasta. The contention of the respondents, however, is that the construction of the Library building on two decimals of land is in the Gair Mazarua Aam portion of 1.88 acre and not on the 90 - 2 - decimals of land of the petitioner. In view of the aforesaid admitted position, the writ application is disposed of with a direction to the respondent Collector, Gaya to ensure that the land of the petitioner in the plot in question is demarcated from the Gair Mazarua Aam land and in case it is found that the Library building has been constructed over the land of the petitioner, then steps be taken for payment of appropriate compensation to the petitioner. Let the measurement be done within a period of two months from today and if required appropriate steps be taken within a further period of two months thereafter. VPS ( Ramesh Kumar Datta, J. )