IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10503 of 2009 KHEDARU SAH & ORS Versus THE STATE OF BIHAR & ORS ----------- 02. 24.08.2009 Petitioners allege that a school building known as Rajapur Middle School is being constructed on a piece and parcel of land appertaining to Khata No.62, Plot No. 38 measuring 1 bigha of land which is their raiyati land. In this regard, they have brought annexures 4 and 5 on record, which is rent receipt as well as the settlement made in favour of the petitioners way back in the year 1940. Petitioners have virtually knocked every door but since there is a stonewalling, petitioners had to rush to High Court to protect their interest. Earlier they had filed a title suit along with injunction petition but the same had to be withdrawn because court of learned Munsif-II, Siwan was not willing to take up the case with due urgency and pass appropriate order under section 80(2) of the Code of Civil Procedure. Be that as it may, verification of record can only be done at the local level. This Court cannot declare or adjudicate in favour of the petitioners at this stage. Looking at the nature of the dispute the Circle Officer, Daraunda, in the district of Siwan, is hereby directed to get the measurement done on verification of revenue records in relation to the dispute in question and communicate to the petitioners the final opinion whether the school building is being constructed on the petitioners’ land. The Court expects that verification will be done by the Circle Officer, respondent no.3, within a period of 3 months from - 2 - the date of communication / production of a copy of this order. The writ application stands disposed of with above direction. rkp (Ajay Kumar Tripathi, J)