H. D. JAIN COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsels for the parties.

(2.) The present writ application was filed by the H.D. Jain College, Ara (hereinafter referred to as the College) through its Principal Dr. Chandrashekhar Saha for restraining the respondents from construction of building of the Engineering College on the land of the College and with further prayer for removal of encroachment already made on the land of the College. The relief as stipulated in paragraph 1 of the writ application reads as follows:

(3.) I.A. No. 206 of 2018 The aforementioned I.A. was preferred on 9/1/2018 on behalf of the respondent-State (respondent nos. 4 and 5) for modification of the order dtd. 5/12/2017, whereby the interim order of status quo was granted. The aforementioned I.A. was not taken up as it is jointly prayed for disposal of the writ application since the pleadings were almost complete. Moreover, the interim order of status quo was with regard to the land recorded in the revenue records in the name of the College in question but since the specific case of the respondent-State is that the part of the land in question is recorded as 'Gairmajarua Aam' and part of it is recorded 'Gairmajarua Malgujar', and the same is not being disputed by the either party, hence the status quo order is not affecting the petitioner.