1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for respondent no. 7, the institution described as Ram Krishna Ashram, Jogsar, Bhagalpur.

2. The prayer in this public interest litigation is in essence to remove alleged encroachment by respondent no. 7 upon a part of Sandys Compound in Bhagalpur close to or connected with a structure, which has been described as Cleveland Memorial. According to the petitioner the said memorial should be maintained only as a memorial and should not be used for unauthorized purposes like running a school etc. as is being done by respondent no. 7.

3. On behalf of the State, it has been submitted that by Annexure 3, a Division Bench of this Court disposed of a public interest litigation on 12.4.2005, whereby a museum situated in Sandys Compound, Bhagalpur was directed to be shifted to another place so that Sandys Compound is made free from encroachment or future unauthorized construction. Some other structures such as stadium, P.H.E.D. Power House, Sulabh Sauchalaya and the old clubs were spared by this Court and were not ordered to be removed because they were found necessary for the hea