IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5492 of 2007 UMA SHANKAR MISHRA, S/o Hari Shankar Mishra, Resident of Village – Andhrathari, PO & PS Andhrathari, Distt. Madhubani ……… Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary,Human Resource Department, Govt. of Bihar, Patna 3. The Director, Secondary Education, Govt. of Bihar, Patna 4. The Collector, Madhubani, Distt. Madhubani 5. The District Education Officer, Madhubani, Distt. Madhubani 6. The Additional Collector, Madhubani, Distt. Madhubani 7. The Sub-Divisional Officer, Jhanjharpur, Distt. Madhubani 8. The Block Development Officer, Andhrathari, Distt. Madhubani 9. The Head Master, Mahanth Rajeshwar Giri High School Andhrathari, Distt. Madhubani…. Respondents ----------- 03- 11.02.2009 Heard learned counsel for the petitioner, and learned AC to Govt. Advocate no. VIII. This writ petition is directed against the order dated 21.3.2007 (Annexure 4), passed by the learned Sub- Divisional Officer, Jhanjharpur, whereby he has deputed a Magistrate along with police force for construction of boundary wall of Mahanth Rajeshwar Giri High School, Andhrathari, district Madhubani. The respondents have placed on record their counter affidavit and have supported the impugned action. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the school in question and its premises comprises of various plots, including plot no. 1792 and plot no. 1801. It is a school of Bihar Government and wants to put up a pucca boundary wall enclosing its - 2 - lands and buildings. The petitioner put up resistance taking the stand that he had acquired title to plot no.1801, by a sale deed which was given to the school as “Badain” agreement for khesra no. 1792. In other words, the petitioner had taken the stand that he should get back plot no.1801, and the school can hold plot no.1792. It appears from the materials on record that the grand-father of the present petitioner had gifted plot no. 1792, in favour of the school by a registered deed of gift dated 5.6.1950 (Annexure B). It further appears that the school had acquired title of plot no. 1801, covering an area of 18 ½ dhurs, from one Ritlal Yadav, by means of a registered deed of absolute sale dt. 30.5.1952 (Annexure A). It thus appears that the school is prima facie fortified by registered documents of title. The petitioner seems to be raising frivolous claims. 3. The writ petition is dismissed. ( S K Katriar ) mrl