KUMAR BINOD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, styled as "Public Interest Litigation", the petitioner has sought a direction commanding the respondents to remove the encroachment from the land of High School, Jamuhar, Rohtas, situated on plot Nos. 528 and 529 of Khata No. 508 as respondent no. 7 has occupied more than one bigha of land of the school and creating trouble in functioning of the school.

(2.) WE have heard learned counsel appearing for the parties. We have examined the record and the factual profile. It appears from the record that in view of the letter dated 5.2.2007 of the Headmaster of the School to the District Education Officer as also two letters of the Headmaster dated 29.3.2007 and 9.4.2007 addressed to the Circle Officer with regard to alleged encroachment as also representation of the petitioner to the authorities, a show cause notice dated 24.7.2007 had been issued to both the parties under the order of Circle Officer. The petitioner claims to be the donor of the land to the School and it is his case that the land donated by him has been allegedly encroached upon by respondent no. 7 causing inconvenience to the public, as well as, to the children and the family members of the petitioner. Ordinarily, when other efficacious statutory remedy is provided, the Court would not entertain a petition under Article 226. of the Constitution of India, much less, the so -called "Public Interest Litigation". Sec. 3 of the Bihar Public Land Encroachment Act, 1956, provides and prescribes statutory provision for restraining from making encroachment by issue of an injunction or by removing the encroachment by the Collector. Since this statutory remedy is available which, also, provides how to enforce the orders, if any, passed, we are not inclined to take this matter under the banner of "Public Interest Litigation".

(3.) THEREFORE , this petition shall stand dismissed.