Patna High Court on Tuesday came down heavily on the state government and Patna University authorities for their failure to remove encroachment from Saidpur hostel. The court had taken up the matter suo motu after bombs were found in the hostel in a raid conducted by Patna police on July 31 this year.

The order was passed by a division bench of the high court of Chief Justice Iqbal Ahmed Ansari and Justice Ravi Ranjan.

The court has summoned Patna district magistrate (DM) Sanjay Kumar Agarwal, senior superintendent of police (SSP) Manu Maharaaj and Patna University registrar Sanjay Kumar Sinha, directing all the three officials to appear before the court on Wednesday.

Earlier, on September 26, the high court had directed the varsity authorities to file an affidavit in the case.

In the affidavit filed on Tuesday in the court, the Patna University authorities accepted that outsiders live in Saidpur hostel. The varsity's counsel, Vivekanand Prasad Singh, told the court that as several rooms of the hostel are locked, "we are unable to trace the whereabouts of the unauthorised occupants of these rooms".

The court, in its order, said: "The affidavit filed by the Patna University is completely vague in as much as it has assumed no responsibility of reasonable assurance to this court that no encroacher(s) has been allowed or would be allowed to enter into the hostel, in question, without the permission or consent of the superintendent or warden of the hostel."

The order added: "We are of the considered view that in order to protect the lives and properties within the university campus, this court would have no option but to direct that the hostel in question be completely vacated by terminating permission of allotments made in favour of the students within such specified period of time as the university considers it necessary so as to ensure that the encroachers are not allowed to enter into the said Saidpur Hostel nor are they allowed to enter into any of the other hostels and thereby put into the danger the lives and properties in the university hostel."

The bench was so unhappy with the affidavit filed that the judges said: "If the university fails to stop the encroachers from entering the hostel and/or remaining there and offers no unconditional assurance in this regard, we would have no option but to direct closure of the said hostel of the university until the time the situation is brought to such a level that the hostel can be allowed to operate without causing obstruction of, or damage to, lives and properties of the university students and the personnel of the university."

During the hearing, the judges also considered the probability of appointing an administrator to look after the hostel for its smooth functioning.

Asked whether Saidpur hostel would be shut down, varsity counsel Singh said, "The court will decide on this tomorrow after the appearance of the DM and SSP."

Just how helpless the university authorities are was evident when the court specifically asked if the university will ensure that outsiders or unauthorised persons do not enter into or occupy any part or portion of Saidpur Hostel; counsel Singh could not give any such assurance to the court. "To our dismay, not a word has been said," the court said in its order.

"We are trying to improve the condition of Saidpur hostel," Patna University registrar Sanjay Kumar Sinha told The Telegraph.

"As the hostel is not located in the university campus, outsiders do occupy hostel rooms."

He, however, claimed that the hostel has been vacated and fresh allotments will be made soon, and a copy of the allotments list will also be sent to the nearby police station.

"We are also going to write to the state government for construction of boundary wall around the hostel campus," he added.