RAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner is permitted to add the Circle Officer, Majhoulia in the district of West Champaran as the respondent no.10 to the present proceeding during the course of the day. The grievance of the petitioner is that the respondent nos. 5 to 8 in the process of construction of a school building on a piece of land gifted by the petitioner, are constructing the building in excess of the land donated by the petitioner and in fact, are encroaching on his private property.

(2.) The facts of the case, in brief, is that the petitioner gifted 10 decimals of land arising out of Khata No. 277, Khesra No. 188, Thana No. 287 situated in Village-Karamawa, P.S.-Majhoulia, District-West Champaran for construction of a primary school building. The gift deed is dated 3.8.2005.

(3.) Following the deed of gift, the petitioner approached the respondent no. 2 the District Magistrate, West Champaran requesting him to start the work of the school building and appropriate directions were issued by the District Magistrate to the respondent no. 4 the Block Development Officer, Majhoulia for initiation of the construction work of the school building. On appropriate direction being issued by the respondent no. 4, the Block Development Officer, Majhoulia, West Champaran, the construction work was started but in that process, it is the complaint of the petitioner that the respondent nos. 5 to 8 exceeded the land donated by the petitioner thus, encroaching on his raiyati property.