(Per: HONOURABLE THE CHIEF JUSTICE)

The present writ petition has been filed as a Public Interest Litigation, inter alia, seeking a direction to the respondents to not disturb the play ground popularly known as ‘Brindaban Garden’ situated at Mauza Panchhor, P.S. Riga, District Sitamarhi said to be ‘gairmajarua aam land’.

2. It is stated on behalf of the petitioner that the land in question has been settled on the respondent no. 8, M/s. Riga Sugar Company Limited, through order dated 30.05.1998 passed by the Joint Director Consolidation, Muzaffarpur following a remand order dated 01.04.1996 passed by this Court in CWJC Nos. 661 and 662 of 1984. It is claimed that the land so settled is recorded as ‘gairmajarua aam land’ in the name of the Government of Bihar in the survey khatian and was illegally settled in favour of the respondent no. 8 against the interest of the general public. It is stated that the land was being used as a play ground/park, for different festivals, etc., and that the settlement leads to interference with the functioning of the temple and the Sevaniketan Middle School, which are situated in the area.

3. Heard Sri Gopal Govind Mishra, learned counsel