IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1794 of 2010 KAILASH YADAV, SON OF MOTI YADAV, R/O VILLAGE + POST- ISLAMNAGAR, ANCHAL-ISLAM NAGAR- ALIGANJ, P.S. CHANDRADEEP, DISTRICT- JAMUI……………. PETITIONER Versus 1. STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA, NAMELY, C. ASHOK WARDHAN 2. THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA, NAMELY SRI ANJANI KUMAR SINGH. 3. DISTRICT MAGISTRATE, JAMUI, NAMELY SRI BIPIN KUMAR 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, JAMUI, NAMELY SHRI VIDYA SAGAR SINGH 5. THE DEPUTY COLLECTOR LAND REFORMS, JAMUI, DISTRICT- JAMUI, NAMELY SRI SUBIR RANJAN 6. THE CIRCLE OFFICER-CUM- BLOCK DEVELOPMENT OFFICER, ISLAM NAGAR- ALIGANJ, DISTRICT- JAMUI, NAMELY, SULEKHA KUMARI 7. THE BLOCK EDUCATION EXTENSION OFFICER, ISLAM NAGAR, ALIGANJ, DISTRICT- JAMUI, NAMELY SRI UMESHWAR MAHTO…………….. CONTEMNERS/OPP. PARTIES --------- 8 21-6-2011 Heard the parties. Petitioner had moved this Court earlier through a writ petition by way of Public Interest Litigation. According to him unauthorized construction has been made upon land belonging to Primary School, Islamnagar under Islamnagar- Aliganj Block of Jamui district by way of encroachment and fraudulent settlement. The District Magistrate, Jamui was directed to consider the representation of the petitioner and dispose of the same within a fixed time. From the earlier show cause filed 2 in this contempt application it appears that out of 19 persons claiming settlement, the claim of three persons were found to be unacceptable and hence encroachment by them was removed. Since the action by the District Magistrate did not address the issue as to whether the land belong to the school or not, he was directed to get a detailed enquiry held and take a fresh decision. From annexures-C and D to the supplementary show cause it appears that authorities are not satisfied that the land pointed out by the petitioner measuring more than four acres was ever settled in favour of the school on the basis of alleged Hukumnama by the Ex-Land-lord. Learned counsel for the petitioner submits that the Hukumnama has not been properly considered and appreciated by the District Magistrate, Jamui. We are not inclined to go into the aforesaid dispute because the claim of school as advanced, over entire 4.01 acres of land is not acceptable to the Revenue Authority. The aggrieved persons actuated by personal interest or Public Interest may move before the Civil Court of competent jurisdiction to get the required declaration along with seeking relief for eviction of the encroacher. 3 With the aforesaid observation and liberty this contempt application is finally disposed of. Naresh ( Shiva Kirti Singh, J.) ( Vijayendra Nath,J)