IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3407 of 2010 1. MADAN CHATURVEDI, SON OF SRI RAMAKANT CHATURVEDI, VILLAGE DUBWALIA, P.O. LAURIA, P.S. LAURIA, DISTRICT WEST CHAMPARANA(PRESENT HEAD MASTER RAJKIYA SANSKRIT VIDYALAYA LAURIA) 2. PANNALAL PRASAD, SON OF SRI MOHAN PRASAD, VILLAGE +P.O. LAURIA, P.S. LAURIA, DISTRICT WEST CHAMPARAN(WARD MEMBER LAURIA WARD NO.10) Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, WEST CHAMPARAN, BETTIAH. 3. ADDITIONAL COLLECTOR, WEST CHAMPARAN, BETTIAH. 4. THE CIRCEL OFFICER, LAURIA, WEST CHAMPARAN. 5. SMT. CHANDRAWATI DEVI, P.S.+P.O. LAURIA, DISTRICT WEST CHAMPARAN ----------- 03. 26.02.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner no.1 is the Headmaster of Government Sanskrit School, Lauria(hereinafter referred to as the “School”), petitioner no.2 is a resident of Lauria. They have filed this writ application asserting that the lands of the school is being encroached upon by Srimati Chandrawati Devi, Respondent no.5 relying on the judgment and decree dated 31.5.2008 passed in Title Suit No.75 of 1991, in which neither the school nor its headmaster was party and the said suit was between respondent no.5, Gopaljee Sah and Others, who are not connected with the school. 3. It is submitted on behalf of the petitioners that in view of the judgment and decree passed in the said title suit the Collector, West Champaran, Bettiah has also refused to interfere in the mater vide order dated 17.8.2009 passed in Revenue Misc. Case No.23 of 2000-01. In the background aforesaid counsel for the petitioner submitted that this Court should interfere in the matter and restrain - 2 - private respondent no.5 from encroaching upon the lands in question. 4. Having heard counsel for the parties, I am of the view that as private respondent no.5 is encroaching over the lands of the school relying on the judgment and decree dated 31.5.2008, Anenxure-4, in which neither the school nor the Headmaster of the school was made party, it is appropriate that the school and its Headmaster approach the competent civil court for declaration that the judgment and decree dated 31.5.2008 is not binding on the school and the findings recorded in the order dated 17.8.2009 passed by the Collector, West Champaran, Bettiah on the basis of the judgment and decree dated 31.5.2008 should also not bind the school 5. With the liberty aforesaid this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)