IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16629 of 2009 1. CHANDRA MOHAN JHA S/O LATE JAGDISH JHA R/O MOHALLA- NEW CHAKDAH, P.S.- RAJNAGAR, P.O.- MADHUBANI, DISTT.- TOWN MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE S.D.O. MADHUBANI 4. THE CIRCLE OFFICER ROHIKA, DISTT.- MADHUBANI 5. THE CHAIRMAN NAGAR PARISHAD, MADHUBANI 6. THE EXECUTIVE OFFICER NAGAR PARISHAD, MADHUBANI 7. SRI JATA SHANKAR JHA, JUNIOR ENGINEER NAGAR PARISHAD, MADHUBANI ----------- 02. 03.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner contends that the respondents are unauthorizedly preparing to construct a road on the private lands of the school without even any acquisition of the same in accordance with law. It is contended that even earlier the District Magistrate had unauthorizedly tried to interfere with the lands of the school by compelling to vacate the same which was set aside in pursuance of the order of this Court in C.W.J.C. No. 4030 of 1997. The counter affidavit of the respondents in paragraph-5 contends that the lands in question form part of the old road, as indicated in the revisional survey Map. At this stage, without going into further issues of fact even if what the respondents contend is 2 correct they cannot oust the petitioner except in accordance with law after initiation of land encroachment proceeding with full liberty to the petitioner to defend his possession of the lands and satisfy the authorities that they were the private lands of the school. The writ application stands disposed in the aforesaid directions. P.K. ( Navin Sinha, J.)