IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5779 of 2007 VIJAY KUMAR PRASAD, Son of Dr. Nand Kishore Prasad, resident of Village & P.O. Lakhnaura, Block-Lakri Nabiganj, P.S.-Basantpur, District- Siwan, presently residing at Mohalla-Sareya, ward no.5 near Kalisthan, P.O. & P.S.-Gopalganj, District- Gopalganj. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Siwan, AT & P.O.-Siwan, District- Siwan. 3. The Block Development Officer, Lakri Nabiganj, At & P.O. Lakri Nabiganj, District- Siwan 4. The Circle Officer, Basantpur Anchal, At & P.O. Basantpur, District- Siwan. 5. Sri Mithileshwar Kumar Singh, father’s name not known to the petitioner, Junior Engineer, Block Lakri Nabiganj, At & P.O.-Lakri Nabiganj, District- Siwan. 6. Sri Surendra Tiwari, father’s name not known to the petitioner, Panchayat Secretary, Bhopatpur Panchayat, At & P.O.-Bhopatpur, District-Siwan. . . . . . Respondents. ----------- 5/ 28.10.2009 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner prayed for restraining the respondent authorities from permanently encroaching upon his raiyati land situated in Mauza Bhopatpur. The petitioner states that he purchased 09 Kathas land appertaining to Khata no. 101, plot no. 1682, Thana no. 61, Tauzi no. 1612 situated in Mauza Bhopatpur, P.S. Basantpur, District Siwan through two registered sale deeds dated 02.03.1977 executed by one Baijulal Prasad. The petitioner further submits that the Ex-landlord of khata no. 101, plot no. 1682 of Mauza Bhopatpur, District- Siwan executed registered Patta in favour of Ganga Tiwari in the year 1940. The petitioner further submits that the aforesaid land was recorded as Gairmajarua Malik in the record. On the basis of the aforesaid Patta, Ganga Tiwari executed - 2 - registered sale deeds in favour of Kamli Devi wife of Raj Bahadur Prasad, Kunti Devi wife of Chandrika Prasad and Shiv Dulari Devi wife of Bhagwan Jee Prasad. The Ex-landlord submitted the name of these persons and Jamabandi was created in the name of aforesaid persons as Jamabandi nos. 92, 93 and 186. The petitioner further submits that Baiju Lal Prasad son of Chandrika Prasad got 09 Katha land under registered partition deed dated 29.07.1974. The petitioner purchased the aforesaid 09 katha land from Baiju Lal Prasad on 02.03.1977. The Counsel for the State has filed counter affidavit and in paragraph 02 it has been stated that the complaint petition of petitioner was sent for enquiry by Sub-Divisional Officer, Maharajganj on 19.07.2006, as contained in Annexure-A, whereafter respondent no.4 Circle Officer, Basantpur Anchal directed the Circle Inspector and Halka Karamchari to enquire about the status of the land. The Halka Karamchari, thereafter submitted his report, which is contained in Annexure-B. Thereafter the Circle Officer has sent its report to Sub-Divisional Officer, Maharajganj vide letter no. 432 dated 11.09.2006, as contained in Annexure-C. After hearing the parties, this Court is of the view that the petitioner should file a representation before the Collector, Siwan along with a copy of this order within three weeks from today and on receipt of the representation of the petitioner the Collector, Siwan would pass appropriate order after hearing the - 3 - parties concerned. Till passing of the order by the Collector, Siwan status quo as of today would be maintained. This writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)