IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17942 of 2009 Pawan Kumar Jha s/o late Sonelal jha, r/o village – Surajpur, P.S. Tajpur (Halai O.P.), District – Samastipur, at present Sarpanch Gram Panchayat Raj Sarangpur, Paschmi, Samastipur ………….. Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Samastipur 3. The District Sub- Registrar, Samastipur 4. The District Education Officer, Samastipur 5. The Block Development Officer, Morwa Block, Samastipur 6. The Headmaster, Govt. High Court, Tiswara Surajpur, P.S. Tajpur, Samastipur 7. Dilip Kumar Jha s/o Surajdeo Jha, r/o village Basudeopur, P.S. – Kalayanpur, District – Samastipur 8. Barelal Sahni s/o late Kamal Sahni r/o village Tiswara,PS. Tajpur, Samastipur 9. Raghubir Rai s/o late Ajablal Rai, r/o village Sarangpur Tola Bikrampur, P.S. Tajpur, Samastipur 10. Mahendra Sahni s/o late Kuldip Sahni r/o village Sarangpur P.S.Tajpur, Samastipur 11. Bisundeo Sahni s/o Singheshwar Sahni, r/o village Tiswara P.S. Tajpur,Samastipur 12. Ramprit Rai s/o Dorik Rai r/o village Harpur Badhita P.S. Sarairanjan, District – Samastipur 13. Sakaldep Rai s/o Raghunath Rai r/o village Bajitpur Mayari P.S. Sarairanjan, Samastipur 14. Krishna kumar Rai s/o Yugeshwar Rai, r/o village Sarangpur Tola Bikrampur, P.S. Tajpur, Samastipur ………….. Respondnts ----------- For the Petitioner: Mr. Rajeev Kumar Jha, Mr. Jitendra Pd. Singh, Advocates For the respondents: Smt. Nivedita Nirvikar, G.P.XVI --- 3 21/1/2010 This writ petition, as pro bono publico, has been preferred stating, inter alia, that a Government 2 School situate in village – Surajpur in the district of Samastipur, was gifted 18 bighas of land and the settlement had been done in a regular manner yet the 7th respondent is selling a part of the said land. In essence the land belongs to the State Government and presently the right, title and interest of the land has been settled in favour of the school. In view of aforesaid, we direct the District Magistrate, Samastipur to conduct an enquiry with the help and assistance of the District Education Officer, Samastipur to find out the status of the land and proceed accordingly. While so doing two concepts are to be kept in view that the land belonging to the State Government or gifted by the State Government for the public purpose should not be abused and no individual should try to encroach upon the same; and that the officers of the State should not roar from the City Hall and try to evict the property right of an individual as that is basically a human right. The purpose of saying so is that none of the officers should be governed by their emotion, whim or fancy and must act with utmost objectivity. 3 We may hasten to clarify that we have not expressed any opinion with regard to the status of the land or right, title and interest of the land of any of the parties in question but have directed for enquiry so that truth can emerge and appropriate action can be taken according to law. The Collector would be well advised to take appropriate steps within a period of eight weeks from the date of the order passed today. The application is accordingly disposed of. A free copy of the order be handed over to Smt. Nivedita Nirvikar, Government Pleader – XVI to transmit the order to respondent no.2 as well as to respondent no.4 to do the needful in the matter. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)