Dinesh Kumar Singh, J. – 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: –

“1. That it is an application for issuance of an appropriate writs/directions commanding the respondents to restrain respondents from making construction of building of engineering college on the land of H.D. Jain college, Ara (hereinafter referred to as the college) of Mauza-Ara, Thana No.-237, Tauzi No.-30, Khata No-1136, 1137, 1138, Khesra No- 3546, 3542, 3553, 3554, 3555, 3556, 3557, 3558, 3559, 3560, 3564, 3583, 3584, 3586, 3587, 3588, 3589, 359, 3591, 3592, 3774. The petitioner further prays to issue direction for removal of encroachment from aforesaid land of the college and also grant any other reliefs for which petitioner is found entitled in the facts and circumstances of the case.”

I.A. No. 6082 of 2017

3. The aforementioned I.A. has been preferred on 31.7.2017 on behalf of the petitioner for staying the construction of Engineering College on the land of the College. Since the writ application was filed on 19.8.2017 but no counter affidavit was filed, hence this Court vide order dated 5.12.2017, directed to maintain status quo as existing on that day with regard to the land recorded in the revenue records in the name of the College in question. In the meantime the learned counsels for the University and the State were directed to file counter affidavit. The interim order reads as follows: –

“In the meantime, status quo, as is existing today, with regard to the lands, recorded in the revenue records in the name of the College in question, shall be maintained.”

Accordingly, I.A. No. 6082 of 2017 stood disposed of.

I.A. No. 206 of 2018

4. The aforementioned I.A. was preferred on 09.01.2018 on behalf of the respondent-State (respondent nos. 4 and 5) for modification of the order dated 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.

Accordingly, the I.A. No. 206 of 2018 stands disposed of.

I.A. No. 359 of 2018

5. The aforementioned I.A. was filed on 16.01.2018 for amendment of the prayer to the extent of quashing Memo No. 434 dated 27.6.2017 passed by the Commissioner, Patna Division, Patna, as contained in Annexure 6, whereby and whereunder part of the land appertaining to Thana No. 237, Khata No. 1138 and 1139, Plot Nos. 3546, 3549 and 3568, total measuring an area of 4.9 acres has been transferred to Science and Technology Department, Government of Bihar. Through the same I.A., further prayer was made to implead the Commissioner, Patna Division, Patna as respondent no. 7. Paragraph no. 1 of I.A. No. 359 of 2018 reads as follows: –

“1. That this is an interlocutory application for making additional prayer for quashing the order contained in Memo No. 434 dated 27.6.2017 passed by the Commissioner, Patna Division, Patna whereby and whereunder land pertaining to Anchal – Sadar, Ara, Mauza – Kesba Ara, Thana No. 237, Khata No. 1138 and 1139, Khesra No. 3546, 3569 and 3568 of Kakba 3.24676, 1.58437 and 0.06887 of 4.90 acre has been transferred