IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.954 OF 2009 1. GOPAL DAS, SON OF BALIRAM SHARMA 2. AWADHESH SHARMA, SON OF VISHWANATH SHARMA BOTH RESIDENT OF VILLAGE DAUD NAGAR TOLE CHAK GADHO, POLICE STATION BIDUPUR, POST OFFICE DAUD NAGAR CHAK GADHO, DISTRICT VAISHALI VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR 2. THE DISTRICT MAGISTRATE, VAISHALI 3. THE SUB DIVISIONAL OFFICER, HAJIPUR AT VAISHALI 4. THE CIRCLE OFFICER, BIDUPUR, VAISHALI 5. THE SUPERINTENDENT OF POLICE VAISHALI 6. THE OFFICER-IN-CHARGE, BIDUPUR POLICE STATION, DISTRICT VAISHALI 7. OM PRAKASH SHARMA 8. DEO PRAKASH SHARMA 9. PREM PRAKASH SHARMA 10. ANAND PRAKASH SHARMA 11. VED PRAKASH SHARMA 7 TO 11 ARE SONS OF LATE SITA RAM SHARMA, RESIDENT OF VILLAGE DAUDNAGAR TOLE CHAK GADHO, POST OFFICE DAUD NAGAR CHAK GADHO, POLICE STATION BIDUPUR, DISTRICT VAISHALI ******** 3 03/11/2011 The petitioners claim that the lands appertaining to R.S. Khata No. 1292 plot no. 1569 measuring 24 decimals situated in the village Daudnagar, Police Station Bidupur, District Vaishali has been recorded as Shiv Mandir, Jagdamba Aasthan. The allegation is that the respondents 7 to 11 who are private persons are trying to encroach upon the lands by throwing garbage etc. so that eventually the lands can be utilized for construction of a village road. It is well settled that the village road can only 2 be constructed after consent of the parties concerned. The Circle Officer, Bidupur is directed to enquire into this dispute with regard to the encroachment of the lands of the Shiv Mandir and Jagdamba Aasthan. While making enquiry, the Officer concerned may look into the records of right etc. of the lands mentioned aforesaid to establish that the temple has title over the said lands and also examine the fact that the villagers have been using the temple from the time immorial for the purpose of offering prayer etc. This writ application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)