Taking forcible possession of school building
Sanjay Ghatak
(Querist) 10 February 2010
This query is : Resolved
Respected Lawyer Sir,
A middle school has been running on a piece of land belonging to Government of India (erstwhile A.G. Bihar now A.G. Jharkhand)since 1917. This school belongs to a BENGALI SOCIETY formed for the purpose which is still existing and managing the school and the Bengalis are Linquistic Minority in the State of Jharkhand. The school is now also getting government grant in the form of payment to its 7/8 teachers. A.G. Bihar/Jharkhand was well informed about this from the beginning. Subsequent AGs had moral support for running of the school as several best wishes were sent by various AGs for this school but the title of land was never transferred to this school which may be due to the genuine technical problem of handing over a govt land to someone. Now, a portion of land having a school building has been forcibly occupied by a different school having different management with connivance with the local police station and political backing. Since title of the land is not present in the name of the school, it has become a mess. Please advise.
Regards.
S. Ghatak
sanjayghatak@sify.com
R.R. KRISHNAA
(Expert) 10 February 2010
File a writ petition in the High court seeking relief to mandamus against the government authorities to take action against the forcible possession done by the other school and consequently seek restoration of possession. First give a representation to the government authorities about the incident and seek restoration of possession and then file the writ petition.
since you are running the school from 1917, law of acquiescence applies as a protective shield for you in case of anybody claim right over the land.
Sanjay Ghatak
(Querist) 10 February 2010
Thank you sir. Warm regards.
Guest
(Expert) 10 February 2010
For your problem, you may file a Suit for Possession and Mandatory Injunction restraining the other school from running on your school land, which is the need of the hour. Once injunction is granted by the Court, the other school will stall its work and it shall pave way for your School to run smoothly till the disposal of the suit. Finally based upon merits and material evidences, you will succeed in the main suit. You may also seek Police Protection (Commissioner of Police Wing, etc. - since local police is being influenced now) for smooth running of your School.
Sanjay Ghatak
(Querist) 11 February 2010
Dear Krishna Sir, I have tried to find the Law of Acquiescence in the net but could not be successful. May I request you to give some reference of the law. Warm regards.
