IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9265 of 2006 B.D.Public School, Mohalla Budha Colony, PS Budha Colony, District Patna, through its Director, namely Sri Sheo Bihari Roy, Son of Sri Parikha Roy, Resident of Mohalla Budha Colony, PS Budha Colony, in the district of Patna. ----- Petitioner. Versus 1. The State Of Bihar. 2. The Secretary & Commissioner, Urban Development Department, Government of Bihar, Patna. 3. The Deputy Secretary, Urban Development Department, Government of Bihar, Patna. 4. The Patna Regional Development Authority, through its Vice Chairman, Patna. 5. The Vice Chairman, Patna Regional Development Authority, Patna. 6. The District Magistrate, Patna. 7. The Senior Superintendent of Police, Patna. ----- Respondents. ----------- 4 20.10.2011 The petitioner is aggrieved by the resolution taken by the Urban Development Department on 12.7.2006 by which they have come to a prima facie finding that the Madhuban Hotel cum Bar situated at Bailey Road, Patna and B.D. Public School situated in Budha Colony have encroached upon the Government land. A proceeding was initiated for removal of the encroachment numbered as 119 of 1996. A show-cause has been filed on behalf of the petitioner vide Annexure-6. The apprehension of the petitioner is that without concluding the proceeding and hearing the petitioner the demolition of the school building would be affected. Counsel for the Municipal Corporation on the other hand submits that unless the proceeding is concluded, there is no question 2 that demolition would take place and as such the apprehension of the petitioner is pre- mature. In any event, this Court orders that the Municipal Corporation should take steps for removal of the encroachment on the Government land in accordance with law after following all the procedures under the P.M.C. Act. The petitioner should be given opportunity to indicate that the school has not encroached upon the Government land. This writ application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)