CIVIL WRIT JURISDICTION CASE No.5424 OF 1991 ------ In the matter of an application under Articles 226 and 227 of the Constitution of India. ------- 1. Chitragupt Prasad son of Shri Munder Mohan Prasad deceased, Advocate, resident of village Nandlal Bigha, P.S. Hasua, District Nawadah, at present residing at Mohalla East Boring Canal Road, Patna-1, Shebait, Manager and Mutwali of Shri Guru Granth Saheb Ji Maharaj (Panth Nanakshahi), Shri Ramchander Ji Maharaj, Shri Lachchuman Ji Maharaj, Shri Janaki Maharani, Shri Mahadev Ji Maharaj, Shri Mahabir Ji Maharaj and other Hindu Deities installed in Harmandil Ji Thakurbari (Private) at Village Nandlal Bigha, P.S. Hasua, District – Nawadah. 2. Shri Guru Granth Saheb Ji Maharaj (Panth Nanakshahi), Shri Ram Chander Ji Maharaj and Shri Lachhuman Ji Maharaj and Shri Janaki Maharani and Shri Mahadev Ji Maharaj and Shri Mahabir Ji Maharaj and other Hindu Deities installed in Harmandil Ji Thakurbari (Private) situated at Village Nandlal Bigha, P S – Hasua, District – Nawadah through Chitragupt Prasad Shebait, Manager and Mutwali above named …………………………………….. Petitioners Versus 1. The State of Bihar. 2. The District Survey Settlement Officer, Gaya, Nawadah and Aurangabad, Survey and Settlement Office, Gaya. 3. Shri Mahanand Singh, the Revenue Officer cum Charge Officer, Survey Settlement Office, Gaya, at present Nawadah. 4. Shri Md. Habib Uddin, Revenue Officer appointed u/s 106 B.T.Act, Asstt. Settlement Officer, Bhagalpur. 5. Anabad Bihar Sarkar through the Collector, Nawadah. 6. Sarbsadharan Bihar Sarkar through the Mukhia, Dhamaul Gram Panchayat, P S – Hasua, District – Nawadah. 7(a).Mosst. Sarupa Devi w/o Mishri Lal, deceased (b) Banwari Prasad @ Banwari Lal s/0 late Mishri Lal 8. Naresh Lall son of Mishri Lal 9(i) Girija Devi, w/o late Prem Lal 9 (ii) Anil Kumar 9(iii) Dhrub Kumar 9 (iv) Prahlad Kumar 9(v) Shrawan Kumar All sons of late Prem Lal, residents of Village – Nandlal Bigha, P.S. Hasua, District – Nawadah. 10. Jato Pasi son of Bihari Pasi (Deceased). 11. Ram Pasi son of Jato Pasi. Both residents of Village – Dhanawan, P.S. Hasua, District- Nawadah. ……………. Respondents - 2 - A K Tripathi, J. For the petitioners: M/S. S. S. Dwivedi, Sr. Advocate and Chitragupta Prasad. For the State: Mr. Satyendra Kumar Jha, JC to AAG 7. P r e s e n t THE HON`BLE MR. JUSTICE AJAY KUMAR TRIPATHI By way of annexure-8 dated 1.7.1991 while exercising power under section 106 of the B T Act certain order detrimental to the interest of the petitioners has come to be passed and lands which according to the petitioners belong to the Deity has been ordered to be recorded in favour of the private respondents. 2. Submission made by the learned senior counsel against the order is that it is a cursory kind of order which has been passed without taking into consideration various valuable and cogent documents which had been filed in favour of the Deity establishing right, title and interest but the same has not been dealt with in the decision and an order has been passed to record those lands in favour of the private respondents. Though under the Bihar Tenancy Act, 1985 there is provision to appeal under section 109A from decisions of Revenue Officer but such appeals can only be filed before a Special Judge on appointment to be made by the State Government in this regard. It is submitted that no such notification has been issued by the State Government in the district of Nawadah and that is the reason why despite a revenue appeal No. 4 of 1991 having been filed in the court of Sub Judge Ist, Nawadah no cognizance has been taken of the said appeal. - 3 - 3. When the Statute provides for a substantive right of appeal it is the duty of the State Government to see that the forum exists before a party can invoke or can be asked to avail remedy of appeal. If what has been stated by the learned counsel for the petitioners is correct, then it is not a happy situation. 4. In view of the above, this Court directs the Principal Secretary, Revenue, Government of Bihar, in consultation with the Secretary, Law, shall take steps within a specified time to see that the notification is issued conferring power upon the Special Judge who shall exercise the authority to matters of appeal under section 109A of the Bihar Tenancy Act. Once the notification is made and the power is conferred the petitioners will have liberty to file an appeal afresh in case the records of the revenue appeal No. 4 of 1991 cannot be located or available for transfer to the Special Judge. 5. It is hoped and expected that exercise as directed above is completed within three months from the date of communication / receipt of a copy of this order. 6. Since an order of stay is operating in favour of the petitioners, status quo would not be disturbed till the appeal is taken up and an appropriate order one way or the other is passed by the Special Judge. 7. The writ application is disposed of with the above direction. (Ajay Kumar Tripathi, J) Patna High Court: The 19th December, 2008. (NAFR) R K Pathak.