IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17168 of 2010 1. LAKSHMAN RAM, SON OF LATE KANGALI RAM 2. QAMRUL ZAMA, SON OF MD. SERAZUDDIN 3. KAMESHWAR SINGH, SON OF LATE RAM NATH SINGH, ALL RESIDENTS OF VILLAGE KAPARPURA, P.S. UCHCHKAGAON, DISTRICT GOPALGANJ. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF BIHAR, PATNA. 3. THE COLLECTOR, GOPALGANJ 4. THE ADDITIONAL COLLECTOR, GOPALGANJ 5. THE SUB-DIVISIONAL OFFICER, HATHWA, DISTRICT GOPALGANJ 6. THE DEPUTY COLLECTOR LAND RE FORMS, HATHWA, DISTRICT GOPALGANJ 7. THE CIRCLE OFFICER, UCHCHKAGAON, GOPALGANJ. ---- RESPONDENTS ----------- 2 12.10.2010 Petitioners claim to be peaceful cultivators of lands with respect to Plot No. 758, Khata No. 157 in Village Kaparpura, Anchal Uchchkagaon, District Gopalganj. The case of the petitioners is that the lands belong to Hathwa Maharaj which was donated to the Bhoodan Yajana Committee. The Bhoodan Yajana Committee is said to have settled the lands in favour of the petitioners. It is also said that the petitioners are paying rent etc. to the State of Bihar. Learned counsel for the State submits that the lands have been described as ‘Gair Mazarua Malik’ and all the lands of ‘Gair Mazarua Malik’ vested in the State of Bihar and, therefore, the case put forward does not appear to be correct. At present, the position is that the State is intending to utilize the said lands for building a stadium. Counsel for the petitioners submits that the petitioners are in possession over the said lands for 5 to 10 decades. It is 2 further submitted that despite all efforts, the petitioners have not been able to get any document which would indicate the steps taken by the State of Bihar for cancellation of the settlement made in favour of the petitioners by the Bhoodan Yajana Committee. It would be proper for the S.D.O., Hathwa/the Additional Collector, Gopalganj to examine this matter and pass appropriate orders after issuing notice to the petitioners. If an ex-parte order is passed cancelling either the mutation or the settlement in favour of the petitioners by the Bhoodan Yajana Committee, it would only hinder the State in achieving its objects i.e. building a stadium on the lands in question. The petitioner would be at liberty to approach the Additional Collector, Gopalganj or the Sub-divisional Officer, Hathwa, wherever the matter is pending within a period of six weeks on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)