IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11952 of 2008 Radha Devi, W/o Shri Brahma Kant Jha, At + P.O.- Murliganj, P.S. Muraliganj, District Madhepura Versus 1. The State Of Bihar 2. The Collector- cum- Settlement Officer, Saharsa 3. Deputy Collector, Land Reforms, Madhepura 4. The Superintendent of Municipal Survey, Madhepura, Dist. Madhepura 5. The Asst. Superintendent of Municipal Survey, Madhepura 6. The Circle Officer, Murliganj, Madhepura 7. The B.L. High School, Murliganj, Madhepura 8. The Head Master, B.L. High School, Murliganj, Madhepura ----------- For the Petitioner :M/s K.N. Chaube, Sr. Advocate & Shashank Shekhar Jha, Advocate For the Respondent Nos. 7 & 8: M/s Ahswani Kr. Singh, Sr. Advocate & Dinesh Pd. Verma, Advocate 03/ 23.03.2010 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the order dated 26.10.2007 passed by the Settlement Officer, Saharsa in Revision Case No. 3 of 1998, whereunder request of the Headmaster of Baldeo Laxmi High School, Murliganj to strike off the name of the petitioner from the remarks column of the Khatiyan that she is in illegal possession of plot no. 1551/1947, Ka, Kha, Ga and Gha, appertaining to Khata No. 457 Murliganj has been allowed. 3. It is submitted on behalf of the petitioner that from the impugned order dated 26.10.2007, Annexure-5 itself, it will appear that in appreciation of the fact that she is in possession of the plots in question, her name was entered in the remarks column of Khatiyan which has been directed to be struck off on technical ground. 4. On the other hand, counsel for the B.L. High 2 School submitted that the husband of the petitioner was a teacher in the school and petitioner along with her husband was allowed possession of the house and the lands in question as a teacher of the school and after retirement of the husband of the petitioner, she ought to have vacated the house/ lands in question. 5. Having heard counsel for the parties and having perused the impugned order dated 26.10.2007, Annexure-5 whereunder the name of the petitioner entered in the remarks column of the Khatiyan as person in illegal possession of the house/ lands in question has been struck off, is set aside with liberty to the School and its Headmaster to approach the Civil Court of competent jurisdiction for declaration of title and recovery of possession over the aforesaid lands/ house in question. Hearing of the suit filed by the School for such purpose against the petitioner be expedited. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)