IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10555 of 2008 MD.YASIN, SON OF MD. NAWIZAN, RESIDENT OF VILLAGE- BAMRAHA POLICE STATION- LADANIYA, DISTRICT- MADHUBANI :--PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHUBANI. 3. THE SUB-DIVISIONAL MAGISTRATE, JAI NAGAR, MADHUBANI. 4. CIRCLE OFFICER, LADANIYA, DISTRICT- MADHUBANI. 5. BLOCK EDUCATION EXTENSION OFFICER, LADANIYA, DISTRICT- MADHUBANI. 6. MANGAL BIHARI KAMAT PRAKHAND PRAMUKH LADANIYA DISTRICT- MADHUBANI. 7. DISTRICT SUPERINTENDENT OF POLICE, MADHUBANI. 8. THE OFFICER IN-CHARGE LADANIYA POLICE STATION- DISTRICT- MADHUBANI. 9. SUBDIVISIONAL POLICE OFFICER, JAY NAGAR, DISTRICT- MADHUBANI :---- RESPONDENTS. ----------- For the petitioner : M/S Pramod Mishra & Gagan Deo Yadav, Advocates. For the State : Mr. Anjani Kumar, A.A.G.-10, M/S Harish Kumar and S.K.Upadhyaya, Advocates. ======== 5. 05.01.2011. Heard learned counsel for the petitioner and the State. 2. This writ petition was filed on 21.07.2008 but till date inspite of several adjournments no counter affidavit has been filed, as such, the petition is being disposed of by passing the following order: 3. Petitioner claims himself to be the settlee of 51 decimals of land bearing Plot No. 328 appertaining to Khata No. 67 of Village- Baurha in the district of Madhubani vide Land Settlement Case No. 03/2002- 03. The order-sheet of the aforesaid settlement case is contained in Annexure-1 to this application. 4. It is submitted on behalf of the petitioner - 2 - that notwithstanding the aforesaid settlement of land in question in favour of the petitioner the authorities of the State in connivance with Block Pramukh of Ladaniya, Respondent No. 6 are raising Primary School building over the land in question even without cancelling the settlement as also without paying compensation therefor. Such action of the authorities is wholly without jurisdiction. 5. Let the petitioner appear before the Collector, Madhubani and place before him certified copy of the complete order-sheet of Settlement Case No. 03/2002-03. The Collector should examine the matter and pass appropriate orders in accordance with law, as early as possible, in any case within one month from the date of receipt of a copy of this order. It goes without saying that if it is ultimately held that the constructions have been raised on the land of the petitioner without acquiring the same, appropriate compensation shall be paid to the petitioner. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)