IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4994 of 2009 RAMA DEVI . Versus THE DISTRICT MAGISTRATE,SAMASTPUR & ORS. ----------- 3/ 13/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. No one appears for respondent Nos.10 and 12 despite service of notice. The petitioner came to this Court aggrieved by the action of the respondents in having settled a part of his lands on Khata No.75, Khesra No.483(old), 984, 988 and 986 (new), Chak No.528 having an area of 8 decimals in village-Balbhadrapur Dudhpura, Block- Samastipur, District, Samastipur in favour of respondent Nos.10 and 12 for construction of hutments under the Indra Awas Yojna. Learned counsel for the petitioner contended that the lands in question were purchased by her husband as far back as 7.8.1985. After his death in 2008 the petitioner has sold 12 Dhoors of land only retaining title in the rest. The petitioner’s husband was a purchaser from the erstwhile land lord one Samtolia Devi. Learned counsel for the State from the counter affidavit submits that the lands in question were settled in favour of respondent Nos.10 and 12 vide Basgit Parcha - 2 - No.918/1969-70 and 919/1969-70. The erstwhile land lord had therefore no authority to sell lands which had already been settled by a Basgit Parcha. It has further been stated in paragraph-6 of the counter affidavit that the so called construction has not been made anew, but has existed since much earlier. In that view of the matter, there is no occasion for this Court to adjudicate matters further in the writ jurisdiction. The interim order automatically stands vacated. The writ application stands dismissed. KC ( Navin Sinha, J.)